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S.Hrg.119-421

U.S. SenateSenate Commerce CommitteeJul 16, 2025

Summary

S.Hrg.119-421 is a hearing titled NOMINATION TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, AND THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, held by the Senate Commerce Committee on Jul 16, 2025. It was a meeting in Russell Senate Office Building, Room 253.


Record

S.Hrg.119-421 has its transcript and 1 document on the record.

The meeting's own record, with its video, documents and witnesses, is at Hearings to examine the nominations of Derek Barrs, of Florida, to be Administrator of the Federal Motor Carrier Safety Administration, and Jonathan Morrison, of California, to be Administrator of the National Highway Traffic Safety Administration, and Paul Roberti, of Rhode Island, to be Administrator of the Pipeline and Hazardous Materials Safety Administration, both of the Department of Transportation..

Transcript

The transcript runs to 12,507 lines and 657,901 characters, as the Government Publishing Office printed it.

senate-hearing-63852.txt
1[Senate Hearing 119-421]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-42156                    NOMINATION TO THE FEDERAL MOTOR7                CARRIER SAFETY ADMINISTRATION, NATIONAL8                 HIGHWAY TRAFFIC SAFETY ADMINISTRATION,9     AND THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION1011=======================================================================1213                                HEARING1415                               before the1617                         COMMITTEE ON COMMERCE,18                      SCIENCE, AND TRANSPORTATION19                          UNITED STATES SENATE2021                    ONE HUNDRED NINETEENTH CONGRESS2223                             FIRST SESSION2425                               __________2627                             JULY 16, 20252829                               __________3031    Printed for the use of the Committee on Commerce, Science, and32                             Transportation3334                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3536                Available online: http://www.govinfo.gov3738                               ______3940                 U.S. GOVERNMENT PUBLISHING OFFICE414263-852 PDF                WASHINGTON : 20264344       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION4546                    ONE HUNDRED NINETEENTH CONGRESS4748                             FIRST SESSION4950                       TED CRUZ, Texas, Chairman5152JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,53ROGER WICKER, Mississippi                Ranking54DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota55JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii56DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts57MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan58TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin59TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois60ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada61JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico62BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado63TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania64SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey65CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware6667                 Brad Grantz, Republican Staff Director68           Nicole Christus, Republican Deputy Staff Director69                   Lila Harper Helms, Staff Director70                 Melissa Porter, Deputy Staff Director7172                            C O N T E N T S7374                              ----------75                                                                   Page76Hearing held on July 16, 2025....................................     177Statement of Senator Cruz........................................     178    Statement from Zero Emission Transportation Association......   24379    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria80      Cantwell from Timothy A. Blubaugh, Truck and Engine81      Manufacturers Association..................................   24482    Letter dated April 14, 2025 to Hon. Ted Cruz and Hon. Maria83      Cantwell from Scott F. Belcher, Executive Director, ACES84      Mobility Coalition.........................................   24585    Prepared statement from Anne Reinke, President and CEO,86      Intermodal Association of North America....................   24587    Letter dated June 2, 2025 to Hon. Ted Cruz and Hon. Maria88      Cantwell from Chris Spear, President and CEO, American89      Trucking Associations......................................   24690    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria91      Cantwell from Anne Forristall Luke, President and CEO, U.S.92      Tire Manufacturers Association.............................   24793    Letter dated July 8, 2025 to Hon. Ted Cruz and Hon. Maria94      Cantwell from Jonathan Adkins, Chief Executive Officer,95      Governors Highway Safety Association.......................   24796    Letter dated June 11, 2025 to Hon. John Thune, Hon. Charles97      E. Schumer, Hon. Ted Cruz and Hon. Maria Cantwell from Ken98      A. Walker, IACP President..................................   24899    Letter dated June 17, 2025 to Hon. Ted Cruz and Hon. Maria100      Cantwell from Gary J. Shapiro, CEO and Vice Chair, Consumer101      Technology Association.....................................   248102    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria103      Cantwell from John O'Leary, President and CEO, Daimler104      Truck North America........................................   249105    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria106      Cantwell from John Bozzella President and CEO, Alliance for107      Automotive Innovation......................................   250108    Letter dated June 11, 2025 to Hon. Ted Cruz and Hon. Maria109      Cantwell from Laura Chace, President and CEO, Intelligent110      Transportation Society of America..........................   250111    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria112      Cantwell from Chris Spear, President and CEO, American113      Trucking Associations......................................   251114    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria115      Cantwell from Andrew Poliakoff, Executive Director,116      Commercial Vehicle Training Association....................   252117    Letter dated July 10, 2025 Hon. Ted Cruz and Hon. Maria118      Cantwell from Chris Burroughs, President and CEO,119      Transportation Intermediaries Association (TIA)............   252120    Letter to Chairman Ted Cruz and Ranking Member Maria Cantwell121      from American Gas Association, American Fuel &122      Petrochemical Manufacturers, American Petroleum Institute,123      American Public Gas Association, GPA Midstream Association,124      Interstate Natural Gas Association of America, Liquid125      Energy Pipeline Association................................   253126    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria127      Cantwell from Fred Ferguson, President and CEO, American128      Bus Association............................................   254129    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria130      Cantwell from Jennifer Hedrick, President and CEO, Women In131      Trucking Association.......................................   255132    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria133      Cantwell from Kylla Lanier, Deputy Director/Senior Director134      of External Affairs, Truckers Against Trafficking..........   256135    Letter dated June 13, 2025 to Hon. Ted Cruz and Hon. Maria136      Cantwell from Avery Ash, Executive Director, Coalition for137      Reimagined Mobility (ReMo), Senior Vice President of138      Government Affairs and Special Initiatives, SAFE and Ashley139      Simmons, Deputy Director, Coalition for Reimagined Mobility140      (ReMo).....................................................   257141    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria142      Cantwell from Leslie Kimball, Executive Director,143      Responsibility.org.........................................   258144    Letter dated July 15, 2025 to Senator Ted Cruz from David145      Chislea, NAPSR National Chair..............................   258146    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria147      Cantwell from Todd Spencer, President and CEO, Owner-148      Operator Independent Drivers Association, Inc..............   259149    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria150      Cantwell from Ryan Streblow, President and CEO, National151      Tank Truck Carriers (NTTC).................................   260152    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria153      Cantwell from Sheriff Chris West, Canadian County, OK,154      President, National Sheriffs' Association..................   261155    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria156      Cantwell from Mike Stanton, President and CEO, National157      Automobile Dealers Association.............................   261158    Letter dated May 30, 2025 to Hon. Ted Cruz and Hon. Maria159      Cantwell from Jim Ward, President, Truckload Carriers160      Association................................................   262161    Letter dated June 29, 2025 to Hon. Ted Cruz and Hon. Maria162      Cantwell from Megan Noland, Executive Director, Major163      County Sheriffs of America.................................   262164    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria165      Cantwell from Stacey D. Stewart, CEO, Mothers Against Drunk166      Driving (MADD).............................................   263167    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria168      Cantwell from Jerry Golden, Chief Policy Officer, Lyft.....   264169    Letter dated July 1, 2025 to Hon. Tammy Baldwin from Mark170      Rourke, President and CEO, Schneider National, Inc.........   265171    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria172      Cantwell from Nile Elam, Vice President of Government173      Affairs, National Asphalt Pavement Association.............   265174    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria175      Cantwell from Mark Doughty, President and CEO, PrePass176      Safety Alliance............................................   266177    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria178      Cantwell from Sean T. Waters, Vice President, Product179      Intergrity, Daimler Truck North America....................   267180    Letter dated July 16, 2025 to Chairman Ted Cruz and Ranking181      Member Maria Cantwell from Sarah K. Magruder Lyle,182      Executive Director, Damage Prevention Action Center........   267183    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria184      Cantwell from Alix Miller, Ph.D., President and CEO,185      Florida Trucking Association...............................   268186    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria187      Cantwell from Lane Kidd, Managing Director, Alliance for188      Driver Safety & Security...................................   269189    Letter dated January 28, 2025 to Secretary Sean Duffy from190      Chris Spear, President and CEO, American Trucking191      Associations; Jim Ward, President and CEO, Truckload192      Carriers Association; and Ryan Streblow, President and CEO,193      National Tank Truck Carriers...............................   269194    Letter dated February 21, 2025 to Hon. Donald J. Trump from195      Mark Doughty, President and CEO, PrePass Safety Alliance...   270196    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria197      Cantwell from Collin B. Mooney, MPA, CAE, Executive198      Director, Commercial Vehicle Safety Alliance...............   271199    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria200      Cantwell from Brian Mofford, SVP, Drivewyze Infrastructure201      Solutions, Drivewyze by Fleetworthy........................   271202    Letter dated July 10, 2025 to Hon. Ted Cruza and Hon. Maria203      Cantwell from Jeff Farrah, Chief Executive Officer,204      Autonomous Vehicle Industry Association....................   272205    Letter dated July 10, 2025 to Hon. Ted Cruza and Hon. Maria206      Cantwell from Jeff Farrah, Chief Executive Officer,207      Autonomous Vehicle Industry Association....................   273208    Prepared statement from AVIA entitled ``AVIA Congratulates209      Derek Barrs on Nomination to Lead FMCSA''..................   274210    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria211      Cantwell from Tim Wagner, Executive Director, American212      Pipeline Contractors Association...........................   275213    Letter dated March 4, 2025 to Chairman Ted Cruz and Ranking214      Member Maria Cantwell from Jeffrey D. Shoaf, Chief215      Executive Officer, Associated General Contractors of216      America....................................................   276217    Letter dated May 9, 2025 to Hon. Tim Sheehy from Christopher218      Dorrington, Director, Montana Department of Transportation.   276219    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria220      Cantwell from Zach Cahalan, Executive Director, Truck221      Safety Coalition (TSC).....................................   278222    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria223      Cantwell from Jim Ward, President, Truckload Carriers224      Association................................................   294225    Letter dated July 16, 2025 to Hon. Ted Cruz and Hon. Maria226      Cantwell from Chris Jahn, President and CEO, American227      Chemistry Council..........................................   295228Statement of Senator Cantwell....................................     2229Statement of Senator Blackburn...................................   220230Statement of Senator Klobuchar...................................   221231Statement of Senator Moreno......................................   223232Statement of Senator Lujan.......................................   225233Statement of Senator Peters......................................   227234Statement of Senator Markey......................................   229235Statement of Senator Fetterman...................................   231236Statement of Senator Young.......................................   232237Statement of Senator Rosen.......................................   234238Statement of Senator Hickenlooper................................   238239240                               Witnesses241242Hon. Rick Scott, U.S. Senator from Florida.......................     3243Hon. Sheldon Whitehouse, U.S. Senator from Rhode Island..........     4244Derek Barrs, Nominee to be Administrator, Federal Motor Carrier245  Safety Administration..........................................     5246    Prepared statement...........................................     7247    Biographical information.....................................     8248Jonathan Morrison, Nominee to be Administrator, National Highway249  Traffic Safety Administration..................................    22250    Prepared statement...........................................    24251    Biographical information.....................................    25252Paul Roberti, Nominee to be Administrator, Pipeline and Hazardous253  Materials Safety Administration................................    35254    Prepared statement...........................................    37255    Biographical information.....................................    37256257                                Appendix258259Response to written questions submitted to Derek Barrs by:260    Hon. Jerry Moran.............................................   297261    Hon. Ted Budd................................................   297262    Hon. Tim Sheehy..............................................   298263    Hon. Maria Cantwell..........................................   298264    Hon. Edward Markey...........................................   301265    Hon. Gary Peters.............................................   301266    Hon. Ben Ray Lujan...........................................   302267    Hon. John Hickenlooper.......................................   302268Response to written questions submitted to Jonathan Morrison by:269    Hon. John Thune..............................................   303270    Hon. Jerry Moran.............................................   303271    Hon. Marsha Blackburn........................................   304272    Hon. Ted Budd................................................   304273    Hon. Eric Schmitt............................................   305274    Hon. Maria Cantwell..........................................   306275    Hon. Edward Markey...........................................   308276    Hon. Gary Peters.............................................   310277    Hon. Ben Ray Lujan...........................................   311278    Hon. John Hickenlooper.......................................   313279    Hon. Lisa Blunt Rochester....................................   314280Response to written questions submitted to Paul Roberti by:281    Hon. Jerry Moran.............................................   315282    Hon. Ted Budd................................................   315283    Hon. Maria Cantwell..........................................   316284    Hon. Edward Markey...........................................   317285    Hon. Gary Peters.............................................   318286    Hon. Ben Ray Lujan...........................................   319287    Hon. Lisa Blunt Rochester....................................   319288289                    NOMINATION TO THE FEDERAL MOTOR290                CARRIER SAFETY ADMINISTRATION, NATIONAL291                 HIGHWAY TRAFFIC SAFETY ADMINISTRATION,292     AND THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION293294                              ----------295296                        WEDNESDAY, JULY 16, 2025297298                                       U.S. Senate,299        Committee on Commerce, Science, and Transportation,300                                                    Washington, DC.301    The Committee met, pursuant to notice, at 10:06 a.m., in302room SR-253, Committee Hearing Room, Russell Office Building,303Hon. Ted Cruz, Chairman of the Committee, presiding.304    Present: Senators Cruz [presiding], Sullivan, Blackburn,305Young, Moreno, Sheehy, Scott (guest), Cantwell, Klobuchar,306Markey, Peters, Rosen, Lujan, Hickenlooper, Fetterman, and307Whitehouse (guest).308309              OPENING STATEMENT OF HON. TED CRUZ,310                    U.S. SENATOR FROM TEXAS311312    The Chairman. Good morning. The Senate Committee on313Commerce, Science, and Transportation will come to order.314    Today, we are considering the President's nominees to lead315three safety agencies within the Department of Transportation.316    With us today are: Mr. Derek Barrs, nominee for317Administrator of the Federal Motor Carrier Safety318Administration; Mr. Jonathan Morrison, nominee for319Administrator of the National Highway Traffic Safety320Administration; and Mr. Paul Roberti, nominee for the321Administrator of the Pipeline and Hazardous Materials Safety322Administration.323    Americans want a transportation system that is fast,324convenient, and reliable, but above all, safe. President Trump325and Secretary Duffy have made safety the top priority of the326Department of Transportation, and the three nominees before us327intend to make it theirs as well.328    As a young deputy sheriff in Florida, Mr. Barrs responded329to a nighttime collision between a logging truck and a car full330of young adults. Ever since, he has spent his career working to331improve large truck and motor carrier safety. Mr. Barrs served332for nearly three decades in law enforcement, rising from deputy333sheriff to Head of Florida's Department of Highway Safety and334Motor Vehicles. He is deeply familiar with the FMCSA, having335enforced Federal motor vehicle regulations and managed FMCSA336grants in the state. As administrator of FMCSA, he hopes to337modernize the regulations governing the Nation's trucking and338busing industries.339    Mr. Morrison is equally dedicated to the mission of NHTSA,340ensuring that cars on our road are safe and reliable. This will341not be his first time at the agency. Mr. Morrison served as342NHTSA's Chief Counsel during the first Trump administration,343and having worked at a leading tech company over the last four344years, he recognizes that NHTSA safety standards must keep up345with automotive innovation.346    Our third nominee, Mr. Roberti, is ready to manage PHMSA,347which oversees transport of hazardous materials. This includes348the movement of oil, natural gas, and other critical American349energy products, over three million miles of pipeline in this350country. That is in addition to hazardous materials that we351move by truck, rail, water, or air. I am hopeful that Ranking352Member Cantwell and I can broker an agreement on an overdue353PHMSA reauthorization that can be implemented by the new PHMSA354administrator.355    Like Mr. Morrison, Mr. Roberti served during the first356Trump administration as Chief Counsel at the agency to which he357has been nominated. In that role, he cleared backlogs of358hundreds of enforcement matters at PHMSA, and in various roles359in Rhode Island State Government, Mr. Roberti modernized the360state's pipelines, increased their safety, and shared what he361learned with other states. I am excited to hear what he can362bring to the Federal agency this time around.363    I look forward to hearing from all our nominees.364    And now turn to Ranking Member Cantwell.365366               STATEMENT OF HON. MARIA CANTWELL,367                  U.S. SENATOR FROM WASHINGTON368369    Senator Cantwell. Thank you, Mr. Chairman. As you stated,370we are here to consider these three nominees: Mr. Barrs to be371the Federal Motor Carrier Safety Administration, Mr. Roberti to372lead the Pipeline Hazardous Material Safety Administration, Mr.373Morrison to lead the National Highway Safety Administration.374Each of these agencies has an important responsibility to375protect the health and safety of the traveling public, the376movement of goods, and our environment.377    Unfortunately, since January, we have seen a significant378drop in oversight and enforcement actions across these379agencies, potentially letting bad actors get away with380violating safety and consumer protection laws. So I hope our381nominees will share today their thoughts about those numbers382and what specific plans we need to have in place.383    First, Mr. Barrs, the Federal Motor Carrier Administration384is responsible for enforcing truck safety laws and vetting more385carriers operating on our roads and highways. Our trucking386industry is essential to the movement of goods across the387country with 70 percent of the total value of commodities388shipped in the United States traveling by truck, so a big389responsibility. Over 5,000 people are tragically killed in390large truck crashes each year.391    The Federal Motor Carrier Safety Administration has closed39278 percent fewer cases this year compared to last year. So we393will want to ask about that. Since FMCSA can shut down bad394trucking companies, this lack of action mean--could mean, could395mean unsafe trucking companies may be continuing to operate, or396fraudulent actors, or people scamming consumers or businesses.397So I hope you agree that a plan to address this decline is a398serious issue.399    Mr. Roberti, the Hazardous Material Safety Administration400is the Federal watchdog responsible for ensuring that explosive401and toxic materials are transported safely across the country,402whether by pipeline, by truck, or train. Accidents involving403hazardous materials have severe consequences. Over the last 20404years, pipeline incidents have resulted in 257 deaths and more405than 1,000 injuries and over $11 billion in damages.406    Earlier this month, two trains derailed in Northern407Mississippi during the same weekend, both resulting in408hazardous material spills. One derailment caused a large fire409that forced the evacuation of more than 100 residents and the410other required 50 fire trucks from 12 different departments to411respond.412    PHMSA has opened the fewest pipeline enforcement cases413during the first 6 months of this administration than any other414administration over the past two decades. So we want to415understand what is going on here. We want to make sure that we416have strong pipeline safety laws on the books and they are417being enforced.418    I wrote to the Deputy Administrator in May sounding an419alarm about this trend and I hope to get further information420about this.421    Finally, Mr. Morrison, the National Highway Traffic Safety422Administration, NHTSA, is responsible for enforcing Federal423motor carrier safety standards to ensure Americans in the cars424that they buy and drive are safe. Its investigations are425responsible for initiating nearly 2,000 vehicle recalls426affecting over 300 million people in the last 20 years.427    So we want you to continue to play an aggressive oversight428role. This includes recalling things such as the Takata airbag429malfunctions which killed 28 people when they exploded;430however, NHTSA has opened 25 percent fewer investigations into431vehicle safety this year. Do not know why, but let us find out.432    And this is especially concerning since Consumer Report433found investigations have already hit an all-time low. So we434need to understand what this trend is about and reverse it to435make sure we are focusing on safety.436    So Mr. Chairman, look forward to asking these nominees, the437need to make sure we have hardworking inspectors,438investigators, and agencies that are doing their job, not439taking shortcuts on safety.440    And I certainly welcome our former colleague, Senator441Scott, for being here. We do miss him on the Committee. But442maybe someday, maybe someday he will be back.443    The Chairman. Well, thank you. And now I would like to444recognize our colleague and friend from the great State of445Florida, Senator Rick Scott.446447                 STATEMENT OF HON. RICK SCOTT,448                   U.S. SENATOR FROM FLORIDA449450    Senator Scott. Thank you. Chairman Cruz, Ranking Member451Cantwell, Members of the Committee, I am honored today to452introduce Chief Derek Barrs, President Trump's nominee for453Administrator of the Federal Motor Carrier Safety454Administration. He is a fourth-generation Floridian, an amazing455father to two kids, Brett and Bentley, and he is also a456dedicated public servant.457    He joined the Madison County Sheriff's Office in 1991 and458spent the next 30 years serving his community, 20 of which were459focused on commercial motor vehicle safety, before retiring as460Chief of the Florida Highway Patrol. Now, President Trump has461wisely called on him to serve his fellow citizens once again.462    I have known the Chief for several years, having met him463when I was Governor of Florida. One particular memory I have is464of touring Quincy, Florida, a small town just north of465Tallahassee, together in 2018 when we visited homes and466Floridians impacted by Hurricane Michael. Chief Barrs showed467then and now his dedication to improving the lives and safety468of those around him. He is a proven leader, problem solver who469works to understand both people and the issues they face.470    In 2019, the Chief partnered with the Florida Trucking471Association, establishing the Troopers and Truck Drivers472Initiative. As part of the Initiative, a trooper would spend a473workday in a truck with an experienced commercial motor vehicle474driver, while a new truck driver would spend a day on patrol475with an experienced trooper. This exchange facilitated a deeper476understanding of both the roles and responsibilities,477ultimately making the highway safer for truckers, citizens, and478law enforcement personnel alike.479    He also worked directly with FMCSA throughout his career480and with other transportation partners such as the Florida481Trucking Association and the Florida State Legislature to help482develop statutory language to successfully enact laws aimed at483aligning Florida with Federal safety standards.484    Chief Barrs has a passion--is passionate about safety on485our Nation's highway systems, and proud to count him as a486friend. I look forward to seeing what he will do with Secretary487Duffy and President Trump to improve American roadways and make488traveling across them safer for everyone.489    Derek, you have my support. I urge my colleagues to advance490your nomination quickly. You will not be disappointed in your491vote.492    And thank you, Chairman and Ranking Member.493    The Chairman. Thank you. I would now like to recognize our494colleague from the great State of Rhode Island, Senator495Whitehouse, to introduce Mr. Roberti.496497             STATEMENT OF HON. SHELDON WHITEHOUSE,498                 U.S. SENATOR FROM RHODE ISLAND499500    Senator Whitehouse. Thank you, Chairman Cruz and Ranking501Member Cantwell. I am here today to introduce Paul Roberti of502North Kingstown, Rhode Island, for his hearing on his fitness503to serve as the Administrator of the Pipeline and Hazardous504Material Safety Administration at the Department of505Transportation.506    I had the good fortune of working with Paul in the Rhode507Island Attorney General's Office where he was an Assistant508Attorney General, and Chief of the Regulatory Division,509supervising matters that I once had in earlier years. He served510in that role under both Democratic and Republican Attorneys511General with distinction, dedication and a strong work ethic.512Paul now manages risk consulting at Ernst & Young LLP, where he513provides consulting services to public utilities, focusing on514compliance with legislative and regulatory mandates.515    Before joining Ernst & Young, Paul was Chief Economic and516Policy Adviser at the Rhode Island Division of Public Utilities517and Carriers, where he advised on energy policies and grid518modernization. This would be a second stint at PHMSA for Mr.519Roberti as he served as Chief Counsel there during the first520Trump administration. I hope Paul will honor PHMSA's521fulfillment of its obligations to protect public safety and the522environment.523    There is work to be done. In January, DOT failed to524finalize a rule to update safety requirements for repairing525leaks in natural gas pipelines. A rule developed in consensus526with industry directed by bipartisan legislation signed by527President Trump himself in his first term. Leaks can be deadly,528as the Bellingham Disaster showed, not to mention the economic529cost of hundreds of thousands of tons more methane spewed from530pipelines and regulated facilities across the country.531    The Trump administration also withdrew a draft rule on532CO2 pipeline safety. Another very bipartisan measure533that came through the Senate which will delay the buildout of534nationwide carbon capture infrastructure contrary to solid535bipartisan support in this body. I sincerely hope that Paul,536should he be confirmed, will ensure that PHMSA honors its537mandate to protect safety and the environment and finalize much538needed updates to national gas leak repair and CO2539pipeline safety standards.540    I wish him all the best. And appreciate the opportunity to541introduce him today.542    The Chairman. Thank you. We appreciate you coming and543joining our Committee this morning.544    And I now recognize Mr. Barrs for his opening statement.545546                   STATEMENT OF DEREK BARRS,547548                  NOMINEE TO BE ADMINISTRATOR,549550          FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION551552    Mr. Barrs. Thank you. Chairman Cruz, Ranking Member553Cantwell, and Members of the Committee, thank you for the554opportunity to appear before you today as the President's555nominee for Administrator of Federal Motor Carrier Safety556Administration, I am honored by the trust placed in me by557President Trump and Secretary Duffy to serve in this critical558safety role.559    I would like to thank my family, friends, and colleagues560for their unwavering support, and especially grateful for my561parents for their long-life encouragement. I wish my mother562could be here today, but I know she is watching proudly in563heaven.564    The trucking industry touches all of our lives. Commercial565drivers transport over 70 percent of our Nation's freight and566share the road with us every day. These professionals are the567backbone of our economy. They work long hours, often away from568their families, to ensure that we have the goods we rely on.569    I deeply respect the dedication and understand the delicate570balance between enhancing safety and enabling efficient freight571movement. I salute and value the American truck driver and572thank them for their work.573    I am a multigenerational Floridian raised in rural Madison574County, which is in North Florida. That upbringing instilled in575me the values of faith, family, community, responsibility, and576service.577    My journey in public service began as a teenager with the578Madison County Sheriff's Office driven by a deep desire to579serve my community. I am incredibly grateful to the many580individuals who invested in me over the years whose guidance581shaped my path, strengthened my commitment to service, that582commitment has led to a 34-year career spanning both in public583and private sectors, with nearly 25 years dedicated to584commercial motor vehicle safety.585    I retired as a Chief of the Florida Highway Patrol in 2020,586but the experiences and lessons learned from my decade spent in587law enforcement continue to be a cornerstone in my life.588    Today, I remain committed to serving my community through589my appointment to the Flagler County School Board, where we590operate a successful commercial vehicle driver training school,591contributing to workforce development, and helping prepare the592next generation of safe and professional drivers.593    I have witnessed the devastating aftermath of crashes,594stood beside first responders, comforted grieving families, and595seen how a single moment can ripple through an entire596community.597    In 2023, approximately 5,000 lives were lost in large truck598and bus crashes, including 900 commercial drivers. These are599not just statistics. They are parents, children, colleagues,600and friends. Every life lost is one too many. No one should601have to see the horrific aftermath of a crash like what I and602so many first responders have seen. No family should have to603endure that kind of loss.604    If confirmed, I will make roadway safe--roadway safety my605top priority. My work has always emphasized open communication606and collaboration with the industry, law enforcement, and607safety organizations. I understand with FMCSA's actions what608they do impact the entire industry, and I am committed to609ensuring that agency decisions are informed, balanced, and610transparent.611    If confirmed, I will continue to strengthen relationships612between government stakeholders working together on our shared613goal of improving roadway safety as well as addressing critical614safety issues.615    During my time with the Highway Patrol, I served the FMCSA616lead with Motor Carrier Safety Assistance Program where our617troopers work diligently to make a positive difference on our618roadways. Through this work, I witnessed the importance of619strong partnerships to advance safety.620    At the national level, I served as a Chairman of the621Commercial Vehicle Safety Alliance Enforcement and Industry622Modernization, and the President of the Transportation Industry623Membership. There I helped advance initiatives in connected and624automated vehicle technologies, and data sharing, in cross-625jurisdictional collaboration.626    I am grateful for the dedicated FMCSA employees who work627tirelessly to improve commercial vehicle safety. If confirmed,628I would be honored to lead this team in fulfilling the FMCSA629mission to reduce crashes, injuries, and fatalities involving630large trucks and buses. I will ensure the agency operates with631integrity, transparency, accountability, and efficiency.632    So I want to thank you for your time and consideration, and633if confirmed, I look forward to working with you and your teams634to advance our shared goals of roadway safety and the efficient635transportation of goods.636    And from President Roosevelt, ``I am ready to be the man in637the arena''. And I am prepared to get to work. And I welcome638your questions. Thank you, sir.639    [The prepared statement and biographical information of Mr.640Barrs follow:]641642  Prepared Statement of Chief Derek Barrs, Nominee for Administrator,643              Federal Motor Carrier Safety Administration644    Chairman Cruz, Ranking Member Cantwell, and Members of the645Committee:646647    Thank you for the opportunity to appear before you today as the648President's nominee for Administrator of the Federal Motor Carrier649Safety Administration (FMCSA). I am honored by the trust placed in me650by President Trump and Secretary Duffy to serve in this critical safety651role.652    I would like to thank my family, friends, and colleagues for their653unwavering support. I am especially grateful to my parents for their654lifelong encouragement. I wish my mother could be here today, but I655know she is watching proudly from heaven.656    The trucking industry touches all our lives. Commercial drivers657transport over 70 percent of our Nation's freight and share the road658with us every day. These professionals are the backbone of our economy,659working long hours--often away from their families--to ensure we have660the goods we rely on. I deeply respect their dedication and understand661the delicate balance between enhancing safety and enabling efficient662freight movement. I salute and value the American truck driver and663thank them for their work.664    I'm a multi-generational Floridian, raised in rural Madison County,665located in North Florida. That upbringing instilled in me the values of666faith, family, community, responsibility, and service.667    My journey in public service began as a teenager with the Madison668County, -Sheriff's Office, driven by a deep desire to serve my669community. I'm incredibly grateful to the many individuals who have670invested in me over the years, whose guidance shaped my path and671strengthened my commitment to service. That commitment has led to a 34-672year career spanning both the public and private sectors, with nearly67325 years dedicated to commercial motor vehicle safety. I retired as674Chief of the Florida Highway Patrol in 2020, but the experiences and675lessons learned from my decades spent in law enforcement continue to be676a cornerstone of my life.677    Today, I remain committed to serving my community through my678appointment to the Flagler County School Board where we operate a679successful commercial vehicle driver training school, contributing to680workforce development, and helping prepare the next generation of safe681and professional drivers.682    I have witnessed the devastating aftermath of crashes--stood beside683first responders, comforted grieving families, and seen how a single684moment can ripple through entire communities. In 2023, approximately6855,730 lives were lost in large truck and bus crashes including around686900 commercial drivers. These are not just statistics--they are687parents, children, colleagues, and friends. Every life lost is one too688many.689    No one should have to see the horrific aftermath of a crash like690what I and so many first responders have seen. No family should have to691endure that kind of loss. If confirmed, I will make roadway safety my692highest priority.693    My work has always emphasized open communication and694collaboration--with industry, law enforcement, and safety695organizations. I understand that FMCSA's actions impact an entire696industry, and I am committed to ensuring that agency decisions are697informed, balanced, and transparent. If confirmed, I will continue to698strengthen relationships between government and stakeholders, working699together on our shared goal of improving roadway safety, as well as700addressing critical safety issues.701    During my time with the Florida Highway Patrol, I served as the702FMCSA lead for the Motor Carrier Safety Assistance Program (MCSAP),703where our troopers worked diligently to make a positive difference on704our roadways. Through this work, I witnessed the importance of strong705partnerships to advance safety.706    At the national level, I served as the chairman of the Commercial707Vehicle Safety Alliance's Enforcement and Industry Modernization708Committee and President of the Transportation Industry membership.709There, I helped advance initiatives in connected and automated vehicle710technologies, data sharing, and cross-jurisdictional collaboration.711    I am grateful for the dedicated FMCSA employees who work tirelessly712to improve commercial vehicle safety. If confirmed, I would be honored713to lead this team in fulfilling the FMCSA mission to reduce crashes,714injuries, and fatalities involving large trucks and buses. I will715ensure the agency operates with integrity, transparency,716accountability, and efficiency.717    Thank you for your time and consideration. If confirmed, I look718forward to working with you and your teams to advance our shared goals719of roadway safety and the efficient transportation of goods. From720President Roosevelt, ``I am ready to be the Man in the Arena.'' I am721prepared to get to work and welcome your questions.722                                 ______723724                      a. biographical information725    1. Name (Include any former names or nicknames used): Derek D.726Barrs.727    2. Position to which nominated: Administrator for Federal Motor728Carrier Safety Administration.729    3. Date of Nomination: March 24, 2025.730    4. Address (List current place of residence and office addresses):731732        Residence: Information not released to the public.733        Office: Information not provided.734735    5. Date and Place of Birth: Valdosta, Georgia.736    6. Provide the name, position, and place of employment for your737spouse (if married) or domestic partner, and the names and ages of your738children (including stepchildren and children by a previous marriage).739740   Not Married.741   Children: Brett Barrs, 27; Bentley Barrs, 23.742743    7. List all college and graduate schools attended, whether or not744you were granted a degree by the institution. Provide the name of the745institution, the dates attended, the degree received, and the date of746the degree.747748   Bachelor of Science--Public Administration, Flagler College,749        Saint Augustine, Florida: 2010-2012.750751   Associate of Science--Criminal Justice, North Florida752        College, Madison, Florida: 1991-1997.753754    8. List all post-undergraduate employment, including the job title,755name of employer, and inclusive dates of employment, and highlight all756management-level jobs held and any non-managerial jobs that relate to757the position for which you are nominated. All management positions are758indicated with an *.759760   *Flagler County School Board761762     School Board Member District 1763764     November 30, 2024 to present765766   *HNTB Corporation767768     Deputy Program Director/Associate Vice President769770     Transportation Consultant771772     January 13, 2020 to present773774   *Florida Department of Highway Safety and Motor Vehicle/775        Division of the Florida Highway Patrol776777     Law Enforcement Chief--Chief of the Florida Highway778            Patrol/Office of Commercial Vehicle Enforcement779780     November 3, 2017, to January 12, 2020781782   *Florida Department of Highway Safety and Motor Vehicle/783        Division of the Florida Highway Patrol784785     Law Enforcement Major--Troop Commander for Troop J/786            Office of Commercial Vehicle Enforcement787788     October 30, 2015, to November 2, 2017789790   *Florida Department of Highway Safety and Motor Vehicle/791        Division of the Florida Highway Patrol792793     Law Enforcement Captain--Jacksonville and Ocala794            Commercial Vehicle Enforcement District Commander795796     July 1, 2011, to October 29, 2015797798   *Florida Department of Transportation Office of Motor799        Carrier Compliance Law Enforcement Operations; Jacksonville,800        Florida801802     Law Enforcement Captain (Field Operations, Regional803            Commander, Region 2/Region 6 Commander804805     August 8, 2008, to June 30, 2011806807   *Florida Department of Transportation Motor Carrier808        Compliance Office, Law Enforcement Operations; DeLand, Florida809810     Law Enforcement Lieutenant (Field Operations, Field811            Commander812813     August 15, 2003, to August 7, 2008814815   State Law Enforcement Officer816817     Florida Department of Transportation Motor Carrier818            Compliance Office, Law Enforcement Operation; Lake City,819            Florida and Tallahassee, Florida820821     January 5, 2001, to August 14, 2003822823   Deputy Sheriff824825     Madison County Sheriff's Office, Madison, Florida826827     February 20, 1991--January 4, 2001828829    9. Attach a copy of your resume. Attached.830    10. List any advisory, consultative, honorary, or other part-time831service or positions with Federal, State, or local governments, other832than those listed above after 18 years of age. None.833    11. List all positions held as an officer, director, trustee,834partner, proprietor, agent, representative, or consultant of any835corporation, company, firm, partnership, or other business, enterprise,836educational, or other institution.837Current:838   Flagler County Sheriffs Employee Assistance Trust--Board of839        Director840841   Flagler County School Board--School Board Member842843   Madison County Senior Citizens Board844845   American Trucking Association Law Enforcement Advisory Board846Prior:847   CVSA, President of Associate Membership: 2022-2024848849   CVSA, Vice President of Associate Membership: 2021-2022850851   St. Johns County School District Advisory Board for \1/2\852        Cent Sales Tax: 2018-2021853854   Committee Chairman for Enforcement and Industry855        Modernization: 2016-2020856857   Co-Chair, Central Florida Domestic Security Task Force858        Mutual Aid Committee: 2005-2008859860   Vice President, Whisper Ridge Homeowners Association, St.861        Augustine, FL: 2005-2006 Madison Rotary Club, Served as862        Treasurer: 1994-2001863864   American Cancer Society Florida Division, Logistics Co-865        Chair: 1998866867   Vice President, Madison County Athletic Booster Club: 1997-868        1999869870    12. List all memberships you have had after 18 years of age or871currently hold with any civic, social, charitable, educational,872political, professional, fraternal, benevolent or religiously873affiliated organization, private club, or other membership organization874(You do not have to list your religious affiliation or membership in a875religious house of worship or institution). Include dates of membership876and any positions you have held with any organization. Please note877whether any such club or organization restricts membership on the basis878of sex, race, color, religion, national origin, age, or disability.879    The below are all approx. year.880Current Involvements881   Madison Masonic Lodge #11: 1996 to present882883   Member, Anastasia Baptist Church, St. Augustine, FL: 2004 to884        present885886   Commercial Vehicle Safety Alliance (CVSA): 2011 to present887888   Rotary Club of Flagler Beach: Approx. 2021 to present889890   Board of Director--Flagler County Sheriff's Employees Trust:891        Approx. 2021 to present892893   American Trucking Association Law Enforcement Advisory894        Board: 2021 to present895896   Madison County Senior Citizens Board: 2023 to present897898   Flagler County Educational Foundation: 2025899Past Involvements900   President of Associate Membership, CVSA: 2022-2024901902   Vice President of Associate Membership, CVSA: 2021-2022903904   St. Johns County School District Advisory Board for \1/2\905        Cent Sales Tax: 2018-2021906907   Rotary Club-St. Augustine: 2018-2021908909   Committee Chairman for Enforcement and Industry910        Modernization: 2016-2020911912   Southern State Law Enforcement Partners Safe DRIVE913        initiative: 2014-2020914915   Transportation Club of Jacksonville: 2015-2020916917   International Association of Chiefs of Police: 2015-2020918919   State Law Enforcement Chief Association: 2006-2020920921   Northeast Florida Law Enforcement Executive Association:922        2009-2020923924   Volusia-Flagler County Police Chiefs Association: 2015-2017925        (also 2007-2008)926927   Chairman for Operation ROADCHECK: 2013-2017928929   Co-Chairman for Operation ROADCHECK: 2013930931   St. Augustine Kiwanis Club: 2010-2013932933   L.E.A.D. (Let's Eliminate Aggressive Driving) Steering934        Committee: 2007-2008935936   Volusia-Flagler County Police Chiefs Association: 2007-2008937938   Co-Chair, Central Florida Domestic Security Task Force939        Mutual Aid Committee: 2005-2008940941   Central Florida Domestic Security Task Force: 2004-2008942943   St. Augustine Sunrise Rotary Club: 2003-2008944945   Vice President, Whisper Ridge Homeowners Association, St.946        Augustine, FL: 2005-2006947948   Little League Baseball Coach, Madison & St. Johns Counties:949        2002 and 2004950951   Partners for Success, Mentor Program: 1997-2001952953   National Association of School Resource Officers: 1996-2001954955   Board of Director, Florida Association of School Resource956        Officers: 1996-2001957958   Florida Association of School Resource Officers: 1996-2001959960   Offensive Line Coach, Madison County High School: 1996-2001961962   Madison Rotary Club, Served as Treasurer: 1994-2001963964   American Cancer Society Florida Division, Logistics Co-965        Chair: 1998966967   Vice President, Madison County Athletic Booster Club: 1997-968        1999969970   Deacon, Fellowship Baptist Church, Madison, FL: 1997971972    13. Have you ever been a candidate for and/or held a public office973(elected, non-elected, or appointed)? If so, indicate whether any974campaign has any outstanding debt, the amount, and whether you are975personally liable for that debt.976    Yes.977    There is no outstanding debt.978    14. List all memberships and offices held with and services979rendered to, whether compensated or not, any political party or980election committee within the past ten years. If you have held a paid981position or served in a formal or official advisory position (whether982compensated or not) in a political campaign within the past ten years,983identify the particulars of the campaign, including the candidate, year984of the campaign, and your title and responsibilities.985    I have not held any positions paid or unpaid with a political party986or election committee.987    15. Itemize all political contributions to any individual, campaign988organization, political party, political action committee, or similar989entity of $200 or more for the past ten years.990991   Derek Barrs For Flagler County, Fl. School Campaign--Non-992        Partisan: Loan to Campaign $20,000.993994   Rick Staly for Flagler County, Fl Sheriff--Republican:995        Approx $3,000.996997   Rob Hardwick for St. Johns County, Fl Sheriff--Republican:998        Approx $3,000.9991000    16. List all scholarships, fellowships, honorary degrees, honorary1001society memberships, military medals, and any other special recognition1002for outstanding service or achievements.10031004   Leadership Awards--Commercial Vehicle Safety Alliance--20241005        & 202010061007   Recognized by HNTB for contracts to advance overall1008        enhancement in highway safety in Florida, Louisiana, and1009        Kansas--2022 President's Award from Commercial Vehicle Safety1010        Alliance--202010111012   Honored with Proclamation from Volusia County Board of1013        County Commission for ``Chief Derek Barrs Day''--202010141015   Honored with Proclamation from Madison County Board of1016        County Commission ``Derek Barrs Day''--202010171018   Distinguished Service Citation from Okaloosa County Board of1019        County Commission--202010201021   Safety First Award from FMCSA--201910221023   Florida Inspectors Challenge Championship Recognition--2017,1024        2018, 201910251026   Community Service Award from the St. Augustine Beach Police1027        Department--201710281029   Special Recognition from Transportation Club of1030        Jacksonville--2015 & 201610311032   Honorary Kentucky Colonel from the State of Kentucky--201510331034   Certificate of Appreciation for Hands Across the Border--1035        201410361037   Live Saving Award--201010381039   Nominee for Law Enforcement Officer of the Year--State Law1040        Enforcement Chiefs Association--200610411042   Outstanding Alumni of North Florida Community College--200610431044   Florida Department of Transportation Law Enforcement Officer1045        of the Year Award--200610461047   Nominee for Law Enforcement Officer of the Year--Florida1048        Attorney General--200510491050   School Related Personnel of the Year Award as a School1051        Resource Deputy--200010521053   Builder for Florida Sheriff's Youth Ranches--199910541055   Outstanding Community Service from Madison Rotary Club--199810561057   Distinguished Service Award from the Florida Council on1058        Crime and Delinquency in Juvenile Justice--199810591060   School Resource Officer Practitioner--199710611062   Safe Driving Award Florida Sheriff's Association--1997-200010631064   Outstanding Student in Criminal Justice, North Florida1065        Community College--199310661067   Numerous Commendations and letters of appreciation from law1068        enforcement career--1991-202110691070    17. List all books, articles, columns, letters to the editor,1071Internet blog postings, or other publications you have authored,1072individually or with others. Include a link to each publication when1073possible. If a link is not available, provide a digital copy of the1074publication when available. None.1075    18. List all speeches, panel discussions, and presentations (e.g.,1076PowerPoint) that you have given on topics relevant to the position for1077which you have been nominated. Include a link to each publication when1078possible. If a link is not available, provide a digital copy of the1079speech or presentation when available.1080    In my official capacity as a law enforcement leader, I have1081presented and participated in panel discussions, public forums, and1082educational outreach initiatives focused on commercial vehicle safety,1083transportation policy, regulatory compliance, and community engagement.1084These presentations have been delivered to a wide range of audiences,1085including industry stakeholders, government agencies, and the general1086public.1087    My contributions have included keynote addresses, PowerPoint1088presentations, and participating in panel discussions aimed at1089enhancing commercial motor vehicle safety and fostering collaboration1090between enforcement agencies, the trucking industry, and other1091stakeholders.1092    Please note that many of these events were conducted in official1093capacities where recordings or presentation materials were not archived1094or made publicly available and are not publicly available via a web1095search. Below is a list events:10961097   June 2, 2015--Operation Roadcheck Kick-Off Event10981099   April 29, 2017--CVSA Enforcement and Industry Modernization1100        Committee meeting11011102   December 6, 2017--Tallahassee Community College Driver1103        Training School: CMV education session11041105   January 26, 2018--Rotary Club of St. Johns: Commercial1106        vehicle safety presentation11071108   February 20, 2018--Speaker for Northeast Florida Law1109        Enforcement Executive Association on CMV safety11101111   April 11, 2018--CVSA Enforcement and Industry Modernization1112        Committee meetings11131114   April 24, 2018--Speaker at Bradford, FL Law Enforcement1115        Memorial11161117   April 25, 2018--Welcome presentation for Federal and State1118        agencies at FMCSA MCSAP and ITD Workshop11191120   May 2, 2018--Guest speaker at Columbia County, FL Law1121        Enforcement Memorial11221123   May 9, 2018--Six-city Florida tour with FDOT and FLHSMV: CMV1124        education outreach to the trucking industry11251126   June 9, 2018--Florida Inspectors Challenge and Florida Truck1127        Driving Championship11281129   June 26, 2018--Outreach to public school teachers through1130        Florida Trucking Association on CMV safety11311132   July 11, 2018--Madison Rotary Club presentation11331134   July 25, 2018--Operation SAFE DRIVE educational and1135        enforcement efforts presentation11361137   July 30, 2018--St. Augustine Rotary Club: Overview of CMV1138        and traffic safety topics11391140   September 30, 2018--Enforcement and Industry Modernization1141        Committee presentation at CVSA11421143   October 2, 2018--Roundtable discussion with Amazon, FMCSA,1144        ATA, and FTA11451146   December 3, 2018--Florida Automated Vehicle Summit: Panel on1147        emerging technologies11481149   March 16, 2019--Guest Speaker for Concerns of Police1150        Survivors11511152   July 19, 2019--Update to Florida Trucking Association on FHP1153        and FLHSMV issues11541155   August 1, 2019--Transportation Club of Jacksonville:1156        Transportation and CMV safety discussion11571158   September 23, 2019--IFTA/IRP Managers Meeting: Welcome and1159        Florida FLHSMV overview11601161   September 29, 2019--Presided over CVSA Enforcement and1162        Industry Modernization Committee11631164   November 6, 2019--Truckers Against Human Trafficking1165        Coalition event11661167   November 21, 2019--Florida Automated Vehicle Summit: Panel1168        discussion11691170   October 25, 2020--Sunshine State Towing Association:1171        Presentation on size/weight issues and screening tech11721173   November 16, 2020--2nd Annual Bearing the Burden Summit:1174        First Responder panel11751176   June 16, 2021--Madison Rotary Club: Transportation topics11771178   July 20, 2021--Flagler Beach Rotary Club: CMV safety1179        presentation11801181   October 19, 2022--ATA/LEAB goals presentation to Florida1182        Trucking Association membership11831184   March 2, 2023--Specialized Transportation Symposium11851186   March 28, 2023--Electronic Roadside Inspection Forum11871188   April 25, 2023--CVSA Associate Members Meeting: Membership1189        updates11901191   September 23, 2023--CVSA Associate Members Meeting:1192        Membership updates11931194   November 23, 2023--Southern States SAFE DRIVE Committee:1195        Advanced screening technology presentation11961197   April 17, 2024--Electronic Roadside Inspection Update to1198        CVSA11991200   August 22, 2024--Florida Technology Innovation Solution1201        Summit: Florida Chamber panel discussion12021203   September 10, 2024--Electronic Roadside Inspection Update to1204        CVSA12051206   November 13, 2024--Presentation to Texas BTAC Committee:1207        HB4422 safety and security findings12081209    19. List all public statements you have made during the past ten1210years, including statements in news articles and radio and podcasts and1211television appearances, which are on topics relevant to the position1212for which you have been nominated, including dates. Include a link to1213each statement when possible. If a link is not available, provide a1214digital copy of the statement when available.1215    Over the past ten years, I have made public statements related to1216commercial motor vehicle safety, enforcement, and transportation1217policy, primarily in my official capacity as a law enforcement officer1218and agency leader. These included media interviews, radio appearances,1219press events, and public outreach, often tied to safety initiatives or1220agency operations.1221    While I do not have access to all recordings or transcripts, I have1222provided links to available statements where possible:12231224   https://truckingfwd.medium.com/there-is-a-need-for-1225        understanding-of-each-1226        others-roles-and-responsibilities-207198d1bab12271228   ELD Violations Won't Count Against CSA Scores During1229        Transition Period--Safety--Automotive Fleet12301231   Florida cracks down on aggressive driving | FleetOwner12321233   Former St. Augustine Beach Police Deputy Marshal Ron1234        Parker's legacy honored12351236   Dave Nemo Show on Sirius Radio for Operation Roadcheck--No1237        Link12381239   Troopers and Truck Drivers: https://www.facebook.com/share/1240        1BdMkjV8kZ/1241        ?mibextid=wwXIfr12421243   Hurricane Dorian Radio Appearance St. Johns County https://1244        www.facebook1245        .com/share/v/19EYXa9mLb/?mibextid=wwXIfr12461247   Hurricane Dorian-Flagler County response https://1248        www.facebook.com/share/1249        v/1AK9chMzJH/?mibextid=wwXIfr12501251   Working Together for A Safer Florida https://1252        www.facebook.com/share/p/1253        1BaLYjurJo/?mibextid=wwXIfr12541255   Hurricane Preparation: https://www.facebook.com/share/v/1256        15G4sH4Zjf/?mib1257        extid=wwXIfr12581259    20. List all digital platforms (including social media and other1260digital content sites) on which you currently or have formerly operated1261an account, regardless of whether or not the account was held in your1262name or an alias. Include the full name of an ``alias'' or ``handle'',1263including the complete URL and username with hyperlinks, you have used1264on each of the named platforms. Indicate whether the account is active,1265deleted, or dormant. Include a link to each account if possible.12661267   https://facebook.com/barrs.derek (Active);12681269   https://www.facebook.com/share/1AbbNmSGvF/?mibextid=wwXIfr1270        (Active);12711272   http://www.derekbarrs4flaglerschools.com/ (deleted);12731274   https://www.instagram.com/chiefderekbarrs/?hl=en (Active);12751276   https://www.instagram.com/derekbarrs_fl/ (Active);12771278   https://twitter.com/BarrsDerek (Dormant);12791280   https://snapchat.com/t/W5r25i5X (Active); and12811282   https://www.linkedin.com/in/1283        chiefderekbarrs?utm_source=share&utm_1284        campaign=share_via&utm_content=profile&utm_medium=ios_1285        app (Active).12861287    21. Please identify each instance in which you have testified1288orally or in writing before Congress in a governmental or non-1289governmental capacity and specify the date, committee, and subject1290matter of each testimony. None.1291    22. Given the current mission, major programs, and major1292operational objectives of the department/agency/commission/corporation1293to which you have been nominated, what in your background or employment1294experience do you believe affirmatively qualifies you for appointment1295to the position for which you have been nominated, and why do you wish1296to serve in that position?1297    Given the current mission of the Federal Motor Carrier Safety1298Administration (FMCSA) to reduce crashes, injuries, and fatalities1299involving large trucks and buses, I believe my 34+ years of combined1300law enforcement and private sector experience, including over two1301decades focused specifically on commercial vehicle safety and1302enforcement, affirmatively qualify me for appointment to this position.1303    Throughout my career, I have consistently advanced safety1304initiatives through strategic leadership, technical expertise, and1305collaborative partnerships. I have overseen large numbers of personnel1306and managed multi-million-dollar operational budgets, including formula1307Motor Carrier Safety Program (MCSAP) and High Priority grants.1308    I have also played a key role in shaping legislation to enhance1309commercial vehicle safety. Working closely with FMCSA, the Florida1310Legislature, the Florida Trucking Association, and other stakeholders,1311I developed statutory language that led to the successful enactment of1312laws aimed at aligning Florida with Federal safety standards. I was1313responsible not only for their implementation, but also for educating1314internal and external stakeholders and ensuring effective enforcement.1315    My operational and organizational leadership includes managing1316complex transformations and driving cultural integration, such as1317during the legislative merger of the Florida Department of1318Transportation's Office of Motor Carrier Compliance with the Florida1319Highway Patrol. I built and maintained high morale and retention by1320uniting diverse teams under a shared mission, earning statewide1321recognition for my leadership.1322    At the national level, I chaired the Industry Modernization1323Committee, where I helped pioneer the North American Standard Level1324VIII Electronic Inspection. I've contributed to policy and programmatic1325advancements in areas such as connected and automated vehicle1326technologies, data sharing, and cross-jurisdictional collaboration.1327    In the private sector, I've continued to champion commercial1328vehicle safety by aligning public and private stakeholders, and guiding1329state departments of transportation on strategic safety and operations1330planning and projects.1331    I am deeply motivated by the opportunity to serve in this position1332because I am committed to protecting lives on our roadways. My career1333has been defined by an unwavering dedication to highway safety, data-1334informed decision-making, and strong partnership development across1335sectors. I believe in FMCSA's mission, and if confirmed, I will bring1336the vision, experience, and collaborative leadership needed to help the1337agency continue driving innovation and saving lives.1338    23. What do you believe are your responsibilities, if confirmed, to1339ensure that the department/agency/commission/corporation has proper1340management and accounting controls, and what experience do you have in1341managing a large organization?1342    If confirmed, I believe it is my responsibility to ensure that1343FMCSA operates with the highest levels of integrity, transparency,1344accountability, and efficiency. This includes upholding proper1345management and accounting controls, ensuring effective stewardship of1346Federal resources, and maintaining strong internal oversight mechanisms1347to support the agency's mission of reducing crashes, injuries, and1348fatalities involving large trucks and buses.1349    My qualifications for carrying out these responsibilities are1350extremely engrained in my 34+ years of public service and private1351sector experience--more than 20 which have been specifically focused on1352commercial motor vehicle enforcement and transportation safety and1353efficiency. I have consistently led large, complex organizations with1354significant operational, financial, and regulatory responsibilities.1355    As Chief of the Florida Highway Patrol's Office of Commercial1356Vehicle Enforcement, I was responsible for managing large numbers of1357personnel and the oversight of multi-million-dollar annual operating1358budget, which included MCSAP and High Priority grant funding from1359FMCSA. I ensured those funds were used responsibly, aligned with1360Federal requirements, and directly supported our safety goals.1361    I was directly responsible for implementing internal controls to1362manage field operations, training programs, size and weight1363enforcement, compliance reviews, safety audits, and post-crash1364investigations. I routinely evaluated program effectiveness using1365performance metrics and crash data and reallocated resources to1366maximize impact. I also played a key role in preparing and presenting1367budget requests, analyzing legislation, and ensuring that programs1368remained compliant with state and Federal regulations.1369    In addition to managing field operations and financial oversight, I1370led efforts to modernize enforcement practices and prepare the agency1371for emerging technologies such as autonomous vehicles and truck1372platooning. These initiatives required thoughtful planning,1373coordination with state and Federal partners, and a clear understanding1374of the intersection between innovation, public safety, and regulatory1375frameworks.1376    My experience extends to managing regional and statewide operations1377at multiple levels. In these roles, I supervised large numbers of sworn1378and non-sworn personnel per region, enforced Federal and state safety1379regulations, oversaw weigh station operations using advanced1380technology, and maintained strict accountability for the storage and1381documentation of evidence and property.1382    In the private sector, I have continued to advise on commercial1383vehicle safety initiatives and help agencies across Florida and other1384states develop data-driven, collaborative strategies to improve highway1385safety and operational efficiency. Additionally, I manage large multi-1386million-dollar contracts to help deliver the needs of our clients,1387making sure operations are on time and within budget.1388    Additionally, my recent service as a member of the Flagler County1389School Board in Florida further reflects my ability to operate in a1390governance role. In that role, I work closely with district staff,1391administrators, parents, teachers, and the broader community as well as1392the Florida Legislature to support and guide the mission of Flagler1393County Schools with transparency, collaboration, and public1394accountability. The position demands thoughtful leadership, decorum,1395and consensus-building to address complex challenges while keeping the1396needs of students and families at the forefront. This experience1397reinforced my commitment to public service, fiscal responsibility, and1398principled leadership; the values that would continue to guide my work1399at FMCSA.1400    If confirmed, I will bring a proven record of managing large-scale1401operations, overseeing multi-million-dollar budgets, working across1402jurisdictions and sectors, and building trust through action and1403accountability. I will bring the same level of drive each day to1404deliver positive results, uphold fiscal discipline, and lead with1405operational integrity and a safety-first mindset. I understand the1406gravity of managing public resources and remain deeply committed to1407maintaining the public's trust, fostering transparency, and ensuring1408that every program, policy, and partnership under FMCSA's purview1409advances the core mission of saving lives on our Nation's highways.1410    24. What do you believe to be the top three challenges facing the1411department/agency/commission/corporation, and why?1412    Continued Crashes and Fatalities on Our Highways: Despite efforts1413to improve roadway safety, crashes involving commercial motor vehicles1414remain a serious and ongoing challenge. These incidents often result in1415significant loss of life and economic impact. FMCSA must continue to1416focus on data-driven enforcement, driver education, and improved1417vehicle technologies to drive down these numbers. Enhancing1418collaboration with state and local agencies to use real-time data to1419predict and prevent high-risk behaviors will be crucial to remove the1420bad actors from our roadways. We must take a hard look at the impacts1421that passenger vehicles continue to play in commercial motor vehicle1422related crashes. We must look for new ways to significantly reduce1423crashes on our roadways, thinking outside the box and collaborating1424with all stakeholders.1425    Advancement of Technology: The rapid evolution of technology1426including artificial intelligence, automation, and advanced driving1427assistance systems presents both immense potential and new challenges1428for the FMCSA. Areas such as cybersecurity, AI integration, and data1429privacy must be at the forefront to ensure these tools are deployed1430safely and responsibly. A critical part of this effort includes1431modernizing FMCSA's internal systems to ensure they can effectively1432support new technologies and withstand cyber threats.1433    Fraud and Identity Theft: Fraudulent activities, including identity1434theft, CDL testing fraud, and manipulation of safety records, pose a1435serious threat to the integrity of commercial vehicle operations. These1436actions undermine the FMCSA's safety mission and can allow unqualified1437or unsafe operators onto the road.1438                   b. potential conflicts of interest1439    1. Describe all financial arrangements, deferred compensation1440agreements, and other continuing dealings with business associates,1441clients, or customers. Please include information related to retirement1442accounts, such as a 401(k) or pension plan.1443    My arrangements are fully described in Part 3 of my Public1444Financial Disclosure Report.1445    A list of these arrangements and agreements is detailed below.14461447   HNTB Corporation, ESOP account: Current Retirement Account1448        with current employer.14491450   HNTB Corporation, 401(k): Current Retirement Account with1451        current employer.14521453   State of Florida Pension: Receive a monthly pension from the1454        State of Florida for my law enforcement career.14551456   State of Florida, deferred compensation: Deferred1457        compensation while I was employed with the State of Florida.14581459   Madison County, deferred compensation: Deferred compensation1460        while I was employees with the Madison County Sheriff's Office,1461        Florida.14621463    2. Do you have any commitments or agreements, formal or informal,1464to maintain employment, affiliation, or practice with any business,1465association, or other organization during your appointment? If so,1466please explain. None.1467    3. Indicate any investments, obligations, liabilities, or other1468relationships which could involve potential conflicts of interest in1469the position to which you have been nominated. Explain how you will1470resolve each potential conflict of interest.1471    In connection with the nomination process, I have consulted with1472the Office of Government Ethics and the Department of Transportation's1473Designated Agency Ethics Official to identify any potential conflicts1474of interest. Any potential conflicts of interest will continue to be1475resolved in accordance with the terms of an ethics agreement that I1476have entered into with the Department's Designated Agency Ethics1477Official and that has been provided to this Committee. I am not aware1478of any other potential conflicts of interest.1479    4. Describe any business relationship, dealing, or financial1480transaction which you have had during the last ten years, whether for1481yourself, on behalf of a client, or acting as an agent, that could in1482any way constitute or result in a possible conflict of interest in the1483position to which you have been nominated. Explain how you will resolve1484each potential conflict of interest.1485    In connection with the nomination process, I have consulted with1486the Office of Government Ethics and the Department of Transportation's1487Designated Agency Ethics Official to identify any potential conflicts1488of interest. Any potential conflicts of interest will continue to be1489resolved in accordance with the terms of an ethics agreement that I1490have entered into with the Department's Designated Agency Ethics1491Official and that has been provided to this Committee. I am not aware1492of any other potential conflicts of interest.1493    5. Identify any other potential conflicts of interest and explain1494how you will resolve each potential conflict of interest.1495    In connection with the nomination process, I have consulted with1496the Office of Government Ethics and the Department of Transportation's1497Designated Agency Ethics Official to identify any potential conflicts1498of interest. Any potential conflicts of interest will continue to be1499resolved in accordance with the terms of an ethics agreement that I1500have entered with the Department's Designated Agency Ethics Official1501and that has been provided to this Committee. I am not aware of any1502other potential conflicts of interest.1503    6. Describe any activity during the past ten years, including the1504names of clients represented, in which you have been engaged for the1505purpose of directly or indirectly influencing the passage, defeat, or1506modification of any legislation or affecting the administration and1507execution of law or public policy. None.1508                            c. legal matters1509    1. Have you ever been disciplined or cited for a breach of ethics,1510professional misconduct, or retaliation by, or been the subject of a1511complaint to, any court, administrative agency, the Office of Special1512Counsel, an Inspector General, professional association, disciplinary1513committee, or other professional group? No.1514    If yes:15151516  a.  Provide the name of the court, agency, association, committee, or1517        group;15181519  b.  Provide the date the citation, disciplinary action, complaint, or1520        personnel action was issued or initiated;15211522  c.  Describe the citation, disciplinary action, complaint, or1523        personnel action;15241525  d.  Provide the results of the citation, disciplinary action,1526        complaint, or personnel action.15271528    2. Have you ever been investigated, arrested, charged, or held by1529any Federal, State, or other law enforcement authority of any Federal,1530State, county, municipal, or foreign government entity, other than for1531a minor traffic offense? If so, please explain. No.1532    3. Have you or any business or nonprofit of which you are or were1533an officer ever been involved as a party in an administrative agency1534proceeding, criminal proceeding, or civil litigation? If so, please1535explain. No.1536    4. Have you ever been convicted (including pleas of guilty or nolo1537contendere) of any criminal violation other than a minor traffic1538offense? If so, please explain. No.1539    5. Have you ever been accused, formally or informally, of sexual1540assault, sexual harassment, or discrimination on the basis of sex,1541race, religion, or any other basis? If so, please explain. No.1542    6. Please advise the Committee of any additional information,1543favorable or unfavorable, which you feel should be disclosed in1544connection with your nomination. None.1545                     d. relationship with committee1546    1. Will you ensure that your department/agency/commission/1547corporation complies with deadlines for information set by1548congressional committees, and that your department/agency/commission/1549corporation endeavors to timely comply with requests for information1550from individual Members of Congress, including requests from members in1551the minority?1552    YES. I will ensure that my office responds to such requests for1553information as appropriate.1554    2. Will you ensure that your department/agency/commission/1555corporation does whatever it can to protect congressional witnesses and1556whistleblowers from reprisal for their testimony and disclosures? Yes.1557    3. Will you cooperate in providing the Committee with requested1558witnesses, including technical experts and career employees, with1559firsthand knowledge of matters of interest to the Committee?1560    Yes. I will ensure the agency provides witnesses as appropriate.1561    4. Are you willing to appear and testify before any duly1562constituted committee of the Congress on such occasions as you may be1563reasonably requested to do so?1564    Yes. I will ensure to appear as appropriate.1565                                 ______15661567                             DEREK D. BARRS1568OBJECTIVE: To leverage my 34+ years of diverse experience in public1569safety, transportation, law enforcement, and educational leadership to1570contribute to commercial vehicle safety.15711572EXECUTIVE & TECHNICAL QUALIFICATIONS: Strategic, executive-level leader1573with over 34 years of law enforcement and private sector experience, of1574which over 24 years were specifically in commercial vehicle1575enforcement. I used my diverse and distinguished background in local/1576state law enforcement and experience first performing, and later1577leading and overseeing, training, safety investigations, commercial1578vehicle inspections, size & weight compliance, and new entrant safety1579audit programs to enhance safety and save lives. My ability to form1580lasting personal and professional relationships and partnerships from1581nonprofit and private sector to public sector has enabled cooperative1582problem solving. I am a motivated, disciplined, relationship builder1583with strong character and a passion for serving others.15841585   As Chief of the Florida Highway Patrol, I led the Office of1586        Commercial Vehicle Enforcement--a diverse team of over 3001587        sworn and non-sworn professionals--in carrying out the agency's1588        mission through responsible management of a $34 million1589        operational budget, of which $12 million was Motor Carrier1590        Safety Assistance Program (MCSAP) and High Priority grant1591        monies, resulting in a reduction of large truck and bus1592        fatalities in the state by over 22 percent from 2019 to 2020--1593        over double the national average (based on FMCSA Analysis &1594        Information Online).15951596   Also, while Chief, I developed the statutory language that1597        led to the successful passage and enactment of a variety of1598        Florida commercial vehicle legislation, by working1599        cooperatively with The Us Department of Transportation, Florida1600        Trucking Association, Florida Department of Highway Safety and1601        Motor Vehicles, Florida Department of Transportation, and1602        Florida state legislature to ensure compliance with Federal1603        regulations. Following enactment, I led the education of1604        internal and external stakeholders, and was responsible for1605        ensuring proper enforcement of these new laws implemented to1606        save lives on our highways.16071608   Throughout my career, I have led teams through many types of1609        transformations. First, as a new Lieutenant, I revitalized a1610        field office from having the lowest employee satisfaction to1611        that with the highest in employee satisfaction within one year1612        and maintained these employee survey results through my entire1613        five-year tenure in this role, for which I received the1614        agency's Law Enforcement Officer of the year award in 2006.1615        Second, in 2011, as a Captain with the Florida Department of1616        Transportation Office of Motor Carrier Compliance, I1617        demonstrated resilience and flexibility when the entire office1618        was absorbed into the Florida Highway Patrol through1619        legislative action. Not only was this an operational shift, but1620        it was also a culture change and merger of diverse visions.1621        Through my proactive communication efforts and the trust of1622        those under my command, I affirmed a unified mission while1623        emphasizing each individual's value, resulting in my region1624        being highlighted to others as an example to model due to our1625        high staff retention and morale.16261627   I served as Chair of the Commercial Vehicle Safety1628        Alliance's (CVSA's) Enforcement and Industry Modernization1629        Committee from 2016-2020 to identify technological advancements1630        that can improve commercial motor vehicle safety, including the1631        development of the North American Standard Level VIII1632        Electronic Inspection during my tenure. I continued to1633        collaborate with public and private organizations on state1634        initiatives such as platooning, citation systems, automated and1635        connected vehicles, and data sharing throughout the1636        southeastern United States. Because of my work above, I was1637        awarded a Safety-First award from the Federal Motor Carrier1638        Safety Administrator in 2019.16391640   I have experience solving complex problems and working with1641        stakeholders from private industry, enforcement, and1642        legislative positions up to the executive branch. For example,1643        I have used my professional expertise to have commercial1644        vehicle safety legislation passed which would improve overall1645        safety. Similarly, I consistently communicated in many1646        different forms with Florida state legislators, as well as1647        local and state agencies, to keep the Florida Department of1648        Highway Safety and Motor Vehicles and the Florida Highway1649        Patrol's vision and the safety of the motoring public at the1650        forefront of their minds. Consequently, Florida is continually1651        recognized as a leader in highway safety.16521653   When autonomous vehicle developers began testing on public1654        roads in Florida, I identified social impacts and public risks.1655        I then responded strategically and formed relationships with1656        them to assist them in their development and execution of1657        testing plans and influenced state legislators in the revision1658        of regulations governing this new technology (FSS 316.85).16591660   I gained tremendous experience leading a diverse group of1661        professionals from across the country when I chaired Operation1662        Safe DRIVE, a safety initiative designed to eliminate traffic1663        fatalities that began with only four southern states and gained1664        national attention and support. While leading this program, I1665        coordinated and communicated operational plans and gained input1666        from all supporting and opposing views from stakeholders1667        involved, including national, state, and local authorities, and1668        private commercial vehicle industry, and used data collection1669        and analysis to support my decisions. I was instrumental in1670        developing the current MOU for data sharing between two states1671        (Florida and Georgia), and with FMCSA's support, we have seen a1672        remarkable reduction in CMV crashes over the years.1673EMPLOYMENT HISTORY1674Constitutional Officer, Flagler County Fl. School Board Member District16751 | October 30, 2024, to Present16761677   ADVOCATE FOR EDUCATIONAL POLICY AND FUNDING: Advocate for1678        policies that enhance educational opportunities and secure1679        funding for Flagler County's public schools, ensuring alignment1680        with both state and local educational goals.16811682   SUPPORT STUDENT SAFETY INITIATIVES: Collaborate with local1683        law enforcement and community organizations to improve school1684        safety, including implementing proactive safety measures and1685        crisis management plans.16861687   ENGAGE IN LONG-TERM EDUCATIONAL PLANNING: Participate in1688        strategic planning sessions to evaluate current educational1689        needs and develop forward-thinking solutions to improve1690        curriculum delivery, teacher development, and student outcomes.16911692   BUILD COMMUNITY PARTNERSHIPS: Foster relationships with1693        local stakeholders, including parents, teachers, and government1694        entities, to address concerns and ensure that the needs of1695        students and families are met.16961697   MONITOR BUDGET ALLOCATIONS: Ensure the efficient use of the1698        school district's budget by reviewing and approving1699        expenditures to support student success and operational1700        efficiency.17011702HNTB Corporation, Associate Vice President | January 13, 2020, to1703Present17041705   USED RELATIONSHIPS TO INFLUENCE SAFETY DEVELOPMENT: Utilized1706        my professional network to align multiple industry and agency1707        stakeholders to advance automated commercial vehicle safety as1708        this new technology emerges. Formed a partnership group to help1709        FDOT provide a collaborative venue to bring awareness within1710        the group, identify opportunities to enhance commercial motor1711        vehicle safety cooperatively, and promote a unified message1712        related to commercial vehicles.17131714   COORDINATED INTERSTATE SAFETY PROJECTS: Coordinated MOU1715        between Florida and Georgia for data collection and sharing1716        project opportunities and developed strategic plan for1717        improving safety and promoting economic growth for many other1718        states. Lead Florida Department of Transportation/Motor Carrier1719        Size and Weight (FDOT/MCSAW) and the Commercial Vehicles1720        Operations general services contracts.17211722   COORDINATION OF TRUCK PARKING ENHANCEMENT STUDIES:1723        Coordinate with various stakeholders to evaluate the truck1724        parking needs to increase safety of the highway system. Hours1725        of Service (HOS) compliance for commercial vehicle operators is1726        state law and federally regulated to reduce safety issues1727        resulting from fatigued driving. To meet specified HOS1728        regulations, commercial vehicle operators need safe parking1729        locations. Identified immediate implementable solutions to1730        increase the number of publicly available truck parking spaces1731        and to fully utilize current available spaces. This may be1732        accomplished through the incorporation of private parking1733        facilities into TPAS and the exploration and development of1734        alternative parking solutions.17351736   MANAGE CONSULTANT CONTRACTS: Manage and maintain multiple1737        consultant contracts with highway safety agencies.17381739   BUILD AND MAINTAIN RELATIONSHIPS: Develop and maintain1740        relationships across the United States to strategically plan1741        from for the safe and efficient movements good through all1742        modes of travel.17431744Florida Highway Patrol, Law Enforcement Chief | November 3, 2017-1745January 12, 202017461747   LED OFFICE OF COMMERCIAL VEHICLE ENFORCEMENT (CVE):1748        Responsible for law enforcement patrol and commercial vehicle1749        operations, oversight, direction, and control of 2 law1750        enforcement troops and a Special Operations Command with over1751        300 personnel. Managed and directed the overall operations of1752        the Office of Commercial Vehicle Enforcement, to include1753        overall commercial vehicle training and post-crash1754        investigations, compliance investigations, and New Entrant1755        Safety Audits. Coordinated implementation of CVE programs.1756        Served in the capacity as staff commander for staff operations1757        such as natural disasters, security functions, and criminal1758        task force operations.17591760   APPLIED DOMAIN AND TECHNICAL EXPERTISE TO ADVANCE SAFETY1761        THROUGH STRATEGIC PRACTICES: Assisted and Analyzed proposed1762        legislation. Ensured compliance to Departmental policies,1763        procedures, and accreditation practices. Utilized crash,1764        inspection, and vehicle screening data to deploy resources to1765        reduce CMV related crashes. Liaison for emerging advanced1766        driving technologies (i.e., Platooning, and Autonomous1767        Vehicles).17681769   MANAGED ADMINISTRATIVE & FINANCIAL OPERATIONS: Managed and1770        directed the overall operations of the Office of Commercial1771        Vehicle Enforcement, Motor Carrier Safety Assistance Program1772        grant from the Federal Motor Carrier Safety Administration.1773        Assisted in the preparation of the budget and the presentation1774        of the budget request. Assisted in the preparation of documents1775        necessary to changing Department programs. Controlled and1776        approved all division field command operation expenses.17771778   BUILT RELATIONSHIPS TO SUPPORT MISSION OF THE AGENCY:1779        Rendered advice and assistance on operational issues within the1780        Florida Highway Patrol. Maintained liaison and cooperative1781        working relationship with other law enforcement, criminal1782        justice, emergency management, government officials and1783        personnel. Liaison with the Florida Highway Patrol Advisory1784        Council. Conducted public educational outreach and education.17851786Florida Highway Patrol, Law Enforcement Major | October 30, 2015-1787November 2, 201717881789   LED TROOP & TRAINING OPERATIONS: Controlled and directed1790        enforcement activities of the Office of Commercial Vehicle1791        Enforcement (CVE) for Northeast and South Florida areas.1792        Utilized and analyzed commercial vehicle data to deploy1793        resources to reduce crashes. Commanded commercial vehicle1794        training section.17951796   DEVELOPED STRONG TEAM TO CARRY OUT MISSION OF THE TROOP:1797        Overall management and control of the law enforcement function1798        and activities within the Troop for commercial vehicle1799        operations, to include the training section. Manpower allotment1800        of approximately 120 sworn and non-sworn personnel. Developed1801        and communicated work performance standards. Monitored and1802        maintained working files of subordinates' performance.18031804   LEVERAGED PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES1805        AND STAKEHOLDERS: Conducted public outreach and education with1806        law enforcement partners, trucking industry, and other1807        government disciplines. Support law enforcement agencies,1808        including those outside of Florida, in joint efforts to combat1809        many like concerns.18101811Florida Department of Transportation and Florida Highway Patrol, Law1812Enforcement Captain | August 8, 2008-October 29, 201518131814   LED OFFICE DISTRICT OPERATIONS: Controlled and directed1815        enforcement activities of the Commercial Vehicle Enforcement1816        District personnel in the, enforcing weight, safety, size,1817        traffic, fuel tax, registration laws, transportation of1818        hazardous materials, non-public sector bus laws, and other1819        traffic related activities. Supervised and participated in1820        investigations of stolen vehicles and illegal drugs, while1821        performing related enforcement activities.18221823   MENTORED TEAM: Observed personnel in the field, accompanied1824        them on patrol and at fixed scale facilities, and devices and1825        assisted with enforcement problems. Conducted and reviewed1826        performance evaluations, and counseled assigned personnel when1827        necessary.18281829   BUILT STRONG PARTNERSHIPS: Through deliberate efforts and1830        outreach, developed a professional network of industry,1831        regional and state partners to form an alliance promoting1832        highway safety.18331834Florida Department of Transportation--Law Enforcement Operations, Law1835Enforcement Lieutenant | August 15, 2003-August 7, 200818361837Florida Department of Transportation--Law Enforcement Operations, Law1838Enforcement Officer | January 5, 2001-August 14, 200318391840Madison County Florida Sheriff's Office, Deputy Sheriff | February,18411991-January 4, 200118421843Communications Officer, Correctional Deputy, Patrol Deputy, and School1844Resource Deputy.18451846EDUCATION1847Bachelor of Science--Public Administration, Flagler College, Saint1848Augustine, Florida: 201218491850Associate of Science--Criminal Justice, North Florida College, Madison,1851Florida: 199718521853PROFESSIONAL ASSOCIATIONS1854   Commercial Vehicle Safety Alliance (CVSA)--2011 to present18551856   Florida Trucking Association18571858   S.L.E.C.A--State Law Enforcement Chief Association 2006-202018591860   International Association of Chiefs of Police18611862   Florida Police Chiefs Association18631864   Volusia--Flagler County Police Chiefs Association 2007-20081865        and 2015-201718661867   Florida Sheriff's Association18681869   Northeast Florida Law Enforcement Executive Association1870        2009-202018711872   Committee Chairman for Enforcement and Industry1873        Modernization with CVSA 2016-202018741875   American Trucking Association Law Enforcement Advisory Board1876        2021 to Present (Industry Outreach Advisor)18771878   Chairman for Operation ROADCHECK with CVSA 2013-201718791880   Co-Chairman for Operation ROADCHECK within CVSA 201318811882   Southern State Law Enforcement Partners Safe DRIVE1883        initiative 2014 to Present (Pat Chair)18841885   President of Associate Membership CVSA 2021-202418861887   Transportation Club of Jacksonville 2015 to present18881889   Concerns of Police Survivors 2015 to present18901891   Central Florida Domestic Security Task Force 2004-200818921893   Co-Chair Central Florida Domestic Security Task Force Mutual1894        Aid Committee 2005-200818951896   L.E.A.D. Let's Eliminate Aggressive Driving Steering1897        Committee 2007-200818981899   Florida Trucking Association19001901   Ad Hoc Chair CVSA Electronic Inspections Initiative19021903ACCOMPLISHMENTS1904   Florida Inspectors Championship Recognition19051906   Safe Driving Award19071908   Outstanding Alumni of NFCC19091910   BUILDER for Florida Sheriff's Youth Ranches19111912   School Resource Officer Practitioner19131914   Outstanding Student in Criminal Justice19151916   Numerous commendations & letters of appreciation19171918HONORS AND AWARDS1919   Safety First Award from FMCSA19201921   Florida Department of Transportation Law Enforcement Officer1922        of the Year Award19231924   Distinguished Service Citation from Okaloosa County Board of1925        County Commission19261927   Distinguished Service Award from the Florida Council on1928        Crime and Delinquency in Juvenile Justice19291930   Nominee for Law Enforcement Officer of the Year, Florida1931        Attorney General19321933   Nominee for Law Enforcement Officer of the Year State Law1934        Enforcement Chiefs Association19351936   Outstanding Community Service from Madison Rotary Club19371938   School Related Personnel of the Year Award as a School1939        Resource Deputy19401941   Community Service Award from the St. Augustine Beach Police1942        Department19431944   Live Saving Award19451946   Honored with Proclamation from Volusia County Board of1947        County Commission for ``Chief Derek Barrs Day''19481949   Honored with Proclamation from Madison County Board of1950        County Commission ``Derek Barrs Day''19511952   Freedom Square Award-Madison County Chamber of Commerce19531954ADDITIONAL TRAINING1955   FBI Executive Leadership Training19561957   North American Standard Inspection Vehicle Examination19581959   Cargo Tank/Bulk Packaging Inspection19601961   Commercial Vehicle Crash Inspection19621963   Covered Farm Vehicles for Law Enforcement19641965   FEMA ICS 30019661967   FEMA IS 10019681969   FEMA--National Incident Management Systems19701971   National response Plan IS 80019721973   Basic Incident Command System IS-19519741975   ICS for Single Resources IS 20019761977   Advanced Incident Command System Command and General Staff:1978        Complex Incidents G 40019791980   Law Enforcement Response to WMD incidents19811982   Hazardous Materials Emergency Response Training19831984   North American Standard Inspection Driver Examination19851986   Motor coach Inspection Examination19871988   Commercial Vehicle Criminal and Terrorism Interdiction1989        Course19901991   Identifying and Investigating Human Trafficking Training19921993   Leadership Training19941995   Learning to be a Legacy Leader19961997   FDOT Management Academy19981999   Developing Law Enforcement Managers20002001   Human Relations20022003   Media Relations20042005   Narcotics Identification and Investigation20062007   Florida Medical Marijuana Training20082009   Testifying Made Easy Training20102011   Advanced Interviews and Interrogations20122013   Size and Weight Enforcement Training20142015   General Hazardous Material Inspection20162017   Commercial Vehicle Counterterrorism20182019   Working with Elected Officials Training20202021   Police Internal Affairs20222023   Amtrak Passenger Train Emergency Response20242025   Stress Management and Mental Health Training20262027   Instructor Techniques20282029   Electronic Monitoring and Mapping Technology20302031   Cyber Security20322033   DUI Enforcement20342035   School Resource Officer Supervisor20362037   Program Management20382039VOLUNTEER WORK & COMMUNITY INVOLVEMENT2040   Madison Masonic Lodge # 1120412042   Rotary Club (Madison, St. Johns, and Flagler Counties)20432044   St. Augustine Kiwanis Club20452046   Member Anastasia Baptist Church20472048   Partners for Success Mentor Program20492050   American Cancer Society Florida Division Logistics Co-Chair20512052   Flagler County Sheriff's Office Employee Trust Fund Board of2053        Directors20542055   Take Stock in Children20562057   St. Johns County School District Advisory Board for \1/2\2058        Cent Sales Tax20592060   St. Johns County Education Foundation Mentor Program20612062   Madison County Senior Citizen Board of Directors20632064    The Chairman. Thank you. Mr. Morrison, you are recognized2065for your opening statement.2066    Please push the button on your microphone.20672068                STATEMENT OF JONATHAN MORRISON,20692070                  NOMINEE TO BE ADMINISTRATOR,20712072         NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION20732074    Mr. Morrison. I will start over again. Good morning,2075Chairman Cruz, Ranking Member Cantwell, and distinguished2076Members of the Committee, it is a distinct honor to appear2077before you today as a nominee for Administrator of the National2078Highway Traffic Safety Administration, or NHTSA.2079    I am deeply grateful for the trust President Trump and2080Secretary Duffy placed in me with this nomination. I want to2081recognize my parents, Norene and Charlie, who are watching this2082morning from the town of Cool, California. I would also like to2083thank my family, friends, colleagues, and mentors for their2084support and guidance over the years. Most importantly, however,2085I want to recognize my wife, Fernanda Morrison, who is here2086with me today. She has been my constant foundation,2087inspiration, and motivator, and I would like to thank her for2088her support and sacrifice.2089    I have spent my entire career in the automotive and2090technology fields. After being the first in my family to2091graduate from college and then law school. I started my career2092at the California New Car Dealers Association where I worked on2093legal and policy issues affecting the automotive industry. I2094later led an automotive compliance consulting company that2095worked directly with industry clients to implement regulatory2096requirements.2097    I was then appointed as chief counsel to the agency I am2098now nominated to lead, where I worked shoulder-to-shoulder with2099NHTSA's fantastic team of highway safety attorneys, engineers,2100economists, and other researchers and professionals. After2101President Trump's first term, I was hired by Apple, where I2102worked closely with leadership and a host of amazing engineers2103and designers on a range of issues, including working through2104regulatory implications of cutting-edge technologies, I humbly2105believe that the culmination of my experiences qualifies me to2106be NHTSA's next administrator.2107    Why am I passionate about this role? I believe that the2108motor vehicle has been instrumental to the success of the2109American public over the last century. Ready access to a car or2110truck greatly expands our personal, professional, and2111recreational horizons well beyond any other transportation2112technology, and has so much to do with the ability to achieve2113the American dream through upward economic mobility.2114    But our Nation's relationship with the automobile is facing2115several critical challenges, as is the automotive industry2116itself. I would briefly like to mention three. First, this2117personal mobility comes at a great cost. Each year we see2118approximately six million crashes, millions of injuries, and2119tens of thousands of fatalities. And with the pandemic, our2120Nation saw an increase from 2019's 36,000 crash fatalities,2121already unacceptably high, to over 43,000 fatalities in 2021.2122While fatalities have trickled down since, we are still several2123thousand fatalities higher than just before the pandemic. Each2124number represents a parent, a child, a sibling, a spouse, or2125friend, and everybody in this room has likely been affected by2126a crash where somebody has been severely injured or killed.2127    Despite this, every year, 50 percent of those killed in2128crashes chose not to wear a seatbelt. One-third involved a2129driver who chose to use drugs or have that extra drink or two2130and drive impaired. Thirty percent involved a driver who chose2131to speed, reducing reaction times and massively increasing2132crash forces. And far too many involved drivers who chose to2133drive distracted.2134    Since the vast majority of these crashes have been caused2135by human choice or error, we need to double down on successful2136countermeasures to driver behavioral risks. And that starts2137with reinvigorating the Agency's partnership with states and2138law enforcement to emphasize the critical importance of traffic2139enforcement action and removing unsafe drivers from the road.2140    And second, today's vehicles are safer than ever, but not2141enough people are buying them. This is resulting in the oldest2142fleet in U.S. history, averaging nearly 13 years. Not2143coincidentally, today's vehicles are far more expensive than2144ever. Ensuring a supply of affordable vehicles that meet2145consumer needs and wants is critical to addressing our safety2146crisis. NHTSA can support this by ensuring our regulations meet2147the need for motor vehicle safety without imposing undue costs2148or design restrictions that hamper innovation. This means2149identifying unintended barriers to innovation and pursuing2150robust yet design-neutral performance standards.2151    And third, providing room for continued safety innovation2152is a hallmark of the Vehicle Safety Act, and is critical to2153enabling safety improvements in the fleet of tomorrow.2154Technologies such as software-defined vehicles, zonal2155architectures, alternative powertrains, and especially2156automated vehicles, or AVs, pose potential benefits in terms of2157safety and efficiency, but are complex and introduce risks2158unique to each application. NHTSA cannot sit back and wait for2159problems to arrive with such developing technologies, but must2160demonstrate strong leadership.2161    For AVs in particular, this means deep and sustained2162engagement with industry, state and local governments and2163technical safety experts. It also means creation of a safety2164framework consisting of guidance, and yes, regulation.2165Realization of the mobility and safety benefits from AVs2166depends entirely upon consumer trust and that trust must be2167rooted in safety.2168    The technical and policy challenges surrounding these new2169technologies must be addressed. Failure to do so will result in2170products that the public will not accept and the agency will2171not tolerate.2172    I look forward to today's hearing and hope to earn your2173support.2174    [The prepared statement and biographical information of Mr.2175Morrison follow:]21762177 Prepared Statement of Jonathan Morrison, Nominee to be Administrator,2178             National Highway Traffic Safety Administration2179    Good morning, Chairman Cruz, Ranking Member Cantwell, and2180distinguished Members of the Committee:21812182    It is a distinct honor to appear before you today as the nominee2183for Administrator of the National Highway Traffic Safety Administration2184(NHTSA). I am deeply grateful for the trust President Trump and2185Secretary Duffy placed in me with this nomination.2186    I want to recognize my parents Norene and Charlie, who are watching2187this morning from the town of Cool, CA. I would also like to thank my2188family, friends, colleagues, and mentors for their support and guidance2189over the years. Most importantly, however, I want to recognize my wife2190Fernanda Morrison, who is here with me today. She has been my constant2191foundation, inspiration, and motivator, and I would like to thank her2192for her support and sacrifice.2193    I have spent my entire career in the automotive and technology2194fields. After being the first from my family to graduate from college,2195and then law school, I started my career at the California New Car2196Dealers Association, where I worked on legal and policy issues2197affecting the automotive industry. I later led an automotive compliance2198consulting company that worked directly with industry clients to2199implement regulatory requirements. I was then appointed as Chief2200Counsel to the agency I'm now nominated to lead, where I worked2201shoulder to shoulder with NHTSA's fantastic team of highway safety2202attorneys, engineers, economists, and other researchers and2203professionals. After President Trump's first term, I was hired by2204Apple, where I worked closely with leadership and a host of amazing2205engineers and designers on a range of issues, including working through2206regulatory implications of cutting-edge technologies. I humbly believe2207that the culmination of my experiences qualifies me to be NHTSA's next2208Administrator.2209    Why am I passionate about this role? I believe the motor vehicle2210has been instrumental to the success of the American public over the2211past century. Ready access to a car or truck greatly expands our2212personal, professional, and recreational horizons well beyond any other2213transportation technology, and has much to do with the ability to2214achieve the American Dream through upward economic mobility.2215    But our Nation's relationship with the automobile is facing several2216critical challenges, as is the automotive industry itself. I'd briefly2217like to mention three.2218    First, this personal mobility comes at a great cost. Each year, we2219see approximately six million crashes, millions of injuries, and tens2220of thousands of fatalities. And with the pandemic, our Nation saw an2221increase from 2019's 36,000 crash fatalities--already unacceptably2222high--to over 43,000 fatalities in 2021. While fatalities have trickled2223downward since, we are still several thousand higher than just before2224the pandemic. Each number represents a parent, child, sibling, spouse,2225or friend. Everybody in this room has likely been affected by a crash2226where somebody has been seriously injured or killed.2227    Despite this, every year 50 percent of those killed in crashes2228chose not to wear a seatbelt, a third involved a driver who chose to2229use drugs or have that extra drink or two and drive impaired, 302230percent involved a driver who chose to speed, reducing reaction times2231and massively increasing crash forces, and far too many involved2232drivers who chose to drive distracted. Since the vast majority of2233crashes is driven by human choice or error, we need to double down on2234successful countermeasures to driver behavioral risks. That starts with2235reinvigorating the agency's partnership with States and law enforcement2236to emphasize the critical importance of traffic enforcement action and2237removing unsafe drivers from the road.2238    Second, today's vehicles are safer than ever, but not enough people2239are buying them, resulting in the oldest fleet in U.S. history--2240averaging nearly 13 years. Not coincidentally, today's vehicles are far2241more expensive than ever. Ensuring a supply of affordable vehicles that2242meet consumer needs and wants is critical to addressing our safety2243crisis. NHTSA can support this by ensuring our regulations meet the2244need for motor vehicle safety without imposing undue costs or design2245restrictions that hamper innovation. This means identifying unintended2246barriers to innovation and pursuing robust yet design-neutral2247performance standards.2248    Third, providing room for continued safety innovation is a hallmark2249of the Vehicle Safety Act and is critical to enabling safety2250improvements in the fleet of tomorrow. Technologies such as software-2251defined vehicles, zonal architectures, alternative powertrains, and2252especially automated vehicles (AVs), offer potential benefits in terms2253of safety and efficiency, but are complex and introduce risks unique to2254each application. NHTSA cannot sit back and wait for problems to arise2255with such developing technologies, but must demonstrate strong2256leadership. For AVs, this means deep and sustained engagement with2257industry, State and local governments, and technical safety experts. It2258also means the creation of a Safety Framework consisting of guidance2259and, yes, regulation. Realization of the mobility and safety benefits2260from AVs depends entirely upon consumer trust, which must be rooted in2261safety. The technical and policy challenges surrounding these new2262technologies must be addressed. Failure to do so will result in2263products that the public will not accept and the agency will not2264tolerate.2265    I look forward to today's hearing and hope to earn your support.2266                                 ______22672268                      a. biographical information2269    1. Name (Include any former names or nicknames used):22702271        Jonathan Charles Morrison (Jon was a nickname through high2272        school).22732274    2. Position to which nominated: Administrator of the National2275Highway Traffic Safety Administration.2276    3. Date of Nomination: February 11, 2025.2277    4. Address (List current place of residence and office addresses):22782279        Residence: Information not released to the public.2280        Office: Information not provided.2281    5. Date and Place of Birth: Sacramento, CA.2282    6. Provide the name, position, and place of employment for your2283spouse (if married) or domestic partner, and the names and ages of your2284children (including stepchildren and children by a previous marriage).22852286        Fernanda Morrison, homemaker2287        No children22882289    7. List all college and graduate schools attended, whether or not2290you were granted a degree by the institution. Provide the name of the2291institution, the dates attended, the degree received, and the date of2292the degree.22932294   Cosumnes River College22952296     January 1996-May 199822972298     AA, Music (May 1998)22992300   University of Pittsburgh23012302     August 1998-January 200123032304     BPhil, Music & Philosophy (January 2001)23052306   California State University Sacramento (non-matriculating)23072308     January 2001-May 200123092310   University of Notre Dame23112312     August 2001-May 200423132314     JD (May 2004)23152316   University College London23172318     October 2004-September 200523192320     LL.M., International Business Law (November 2005)23212322    8. List all post-undergraduate employment, including the job title,2323name of employer, and inclusive dates of employment, and highlight all2324management-level jobs held and any non-managerial jobs that relate to2325the position for which you are nominated.23262327   First Global Community College (Nong Khai, Thailand)2328     Music and English Teacher2329     Summer 200123302331   Tilleke & Gibbins (Bangkok, Thailand)2332     Summer Associate2333     Summer 200223342335   Chandler & Thong-Ek (Bangkok, Thailand)2336     Summer Associate2337     Summer 200323382339   Exclusively Legal2340     Contract Attorney2341     October 200523422343   Copart (Fairfield, CA)2344     Contract Attorney2345     November 2005-January 20062346     Non-management, but related to position23472348   California New Car Dealers Association (Sacramento, CA)2349     Staff Counsel; Director of Legal & Regulatory Affairs2350            (Management)2351     January 2006-Feburay 201423522353   Auto Advisory Services, LLC (Irvine, CA)2354     President (Management)2355     March 2014-October 201723562357   National Highway Traffic Safety Administration (Washington,2358        DC)2359     Chief Counsel (Management)2360     November 2017-January 202123612362   Apple, Inc. (Cupertino, CA)2363     Legal, Regulatory, Government Affairs, and Policy Lead2364            (Management)2365     March 2021 to Present23662367    9. Attach a copy of your resume. Attached.2368    10. List any advisory, consultative, honorary, or other part-time2369service or positions with Federal, State, or local governments, other2370than those listed above after 18 years of age.23712372   California Bureau of Automotive Repair Advisory Group Member2373     Appointed by Chief of the Bureau of Automotive Repair2374     2014-201723752376    11. List all positions held as an officer, director, trustee,2377partner, proprietor, agent, representative, or consultant of any2378corporation, company, firm, partnership, or other business, enterprise,2379educational, or other institution.23802381   Director, California Automotive Business Coalition2382     2015-201723832384   Co-Chair of the Regulatory Compliance Practice Group,2385        National Association of Dealer Counsel2386     2015-201723872388   Director, Automated Vehicle Industry Association2389     2021-202423902391    12. List all memberships you have had after 18 years of age or2392currently hold with any civic, social, charitable, educational,2393political, professional, fraternal, benevolent or religiously2394affiliated organization, private club, or other membership organization2395(You do not have to list your religious affiliation or membership in a2396religious house of worship or institution). Include dates of membership2397and any positions you have held with any organization. Please note2398whether any such club or organization restricts membership on the basis2399of sex, race, color, religion, national origin, age, or disability.24002401   Member, Pitt Alumni Association2402     2001 to Present24032404   Member, Notre Dame Alumni Association2405     2004 to Present24062407   Member, Notre Dame Club of San Jose/Silicon Valley2408     2023 to Present24092410   Member, Notre Dame Club of Washington, DC2411     2018-202124122413   Member, Notre Dame Club of Orange County2414     2015-201724152416   Member, Notre Dame Law Association2417     2004 to Present24182419   Member, St. Thomas More Society2420     2023 to Present24212422   Member, University College London Alumni2423     2005 to Present24242425   Member, Federalist Society2426     2017-2020; 2023 to Present24272428   Member, Society for Benefit Cost Analysis2429     2024 to Present24302431   Member, State Bar of California2432     2005 to Present24332434   Member, United States Supreme Court Bar2435     2018 to Present24362437   Member, Rotary Club of North Sacramento2438     2008-201224392440   Member, Phi Sigma Tau International Honor Society in2441        Philosophy, University of Pittsburgh2442     1999-2001 (President, 2000)24432444   Member National Association of Dealer Counsel2445     2007-2017 (Co-Chair of Regulatory Practice Group,2446            2015-2017)24472448   Member, California Bureau of Automotive Repair Advisory2449        Group (2014-2017)24502451    13. Have you ever been a candidate for and/or held a public office2452(elected, non-elected, or appointed)? If so, indicate whether any2453campaign has any outstanding debt, the amount, and whether you are2454personally liable for that debt.2455    I was appointed as Chief Counsel of the National Highway Traffic2456Safety Administration in the U.S. Department of Transportation, and2457served from November 2017-January 2021.2458    14. List all memberships and offices held with and services2459rendered to, whether compensated or not, any political party or2460election committee within the past ten years. If you have held a paid2461position or served in a formal or official advisory position (whether2462compensated or not) in a political campaign within the past ten years,2463identify the particulars of the campaign, including the candidate, year2464of the campaign, and your title and responsibilities. None.2465    15. Itemize all political contributions to any individual, campaign2466organization, political party, political action committee, or similar2467entity of $200 or more for the past ten years. None.2468    16. List all scholarships, fellowships, honorary degrees, honorary2469society memberships, military medals, and any other special recognition2470for outstanding service or achievements.24712472        Secretary of Transportation's Distinguished Service Award for2473        Leading DOT's Response to the COVID-19 National Public Health2474        Emergency, 202024752476        University College London, London, United Kingdom LL.M., with2477        Merit, International Business Law, 200524782479        Dean's List, International Trade Law, Notre Dame Law School,2480        2003 International Moot Court, Notre Dame Law School, London,2481        20032482                Best Speaker, Round One2483                Competition Speaker of Note24842485        University of Pittsburgh, Pittsburgh, Pennsylvania2486        Bachelor of Philosophy, Magna Cum Laude, Philosophy & Music,2487        200124882489        University Honors College Brackenridge Research Fellow,2490        Philosophy/History & Philosophy of Science, University of2491        Pittsburgh, 200024922493        President, Phi Sigma Tau International Honor Society in2494        Philosophy, University of Pittsburgh, 200024952496        Cosumnes River College, Sacramento, California Associate of2497        Arts, with Highest Honors, Music, 199824982499    17. List all books, articles, columns, letters to the editor,2500Internet blog postings, or other publications you have authored,2501individually or with others. Include a link to each publication when2502possible. If a link is not available, provide a digital copy of the2503publication when available.25042505   National Highway Traffic Safety Administration2506     While at NHTSA, I issued several orders, notices,2507            rulemaking documents, and interpretation letters in my2508            capacity as Chief Counsel. These are available at: https://2509            www.nhtsa.gov/nhtsa-interpretation-file-search#search-tool2510            or in the Federal Register25112512   California New Car Dealers Association (CNCDA):25132514     Dealer Management Guides (Editing & Drafting Portions)2515     F&I Compliance Manuals (Editing & Drafting Portions)2516     Registration Professional's Toolkit2517     CNCDA Monthly Dealer Bulletin Articles (2006-2014)2518        Note: these are resources made available to members; I do not2519        have access to the publications25202521   Auto Advisory Services (AAS):2522     CNCDA Service Drive Compliance Manual and Reference2523            Guide (2017)2524        Note: CNCDA hired AAS to provide a seminar series and draft2525        this publication, which was provided to CNCDA members and2526        attendees. This is a CNCDA member resource, and I do not have2527        access to the publication.25282529   Auto Dealer Law Quarterly Updates (2014-2017)2530     -Rocky Recall Road, (Found reprinted in Illinois2531            Automobile Dealer News at https://illinois-auto-dealer-2532            news.thenewslinkgroup.org/flippingbooks/Pub6-2016-Issue3/2533            14/) (2016)2534        Note: Auto Dealer Law was a compliance guidebook and quarterly2535        newsletter service provided jointly by AAS and the law firm2536        Charapp & Weiss--neither of which exist today. I wrote several2537        articles for the quarterly newsletter, but, aside from the2538        article linked above, I do not have access to those2539        newsletters.25402541   Monthly Transmission Newsletter (2014-2017)2542        Note: This Newsletter was a subscription service provided to2543        AAS clients. I wrote or edited many articles for the2544        publication while President of AAS. AAS was sold to KPA in2545        2018, and I do not have access to the publications.25462547    18. List all speeches, panel discussions, and presentations (e.g.,2548PowerPoint) that you have given on topics relevant to the position for2549which you have been nominated. Include a link to each publication when2550possible. If a link is not available, provide a digital copy of the2551speech or presentation when available.2552    Note: I have given many speeches, panel presentations, and other2553presentations in my career--mostly relating to legal and public policy2554matters not directly relevant to the National Highway Traffic Safety2555Administration or the position of Administrator, and primarily prior to2556my time in the Federal government.2557    The following is the most complete list I could recall of my2558speeches, panel presentations, and presentations relevant to the2559nomination:25602561   National Highway Traffic Safety Administration (presented in2562        my official capacity as Chief Counsel):25632564     Discussion, NADA Regulatory Affairs Meeting,2565            Washington, DC (April 2018) (no digital copy found)25662567     Announcement of vehicle recall safety pilot program2568            with Maryland Department of Transportation and Maryland2569            Motor Vehicle Administration, pursuant to grant from the2570            National Highway Traffic Safety Administration (April 2018)2571            (no digital copy found)25722573     Presentation, Self-Driving Coalition for Safer Streets2574            (Estimated 2019) (no digital copy found)25752576     Presentation, National Association of Motor Vehicle2577            Boards and Commissions Fall Workshop (September 2018) (no2578            digital copy found)25792580     Speech, Association for Safe International Road Travel2581            (November 2018) (no digital copy found)25822583     Panel Discussion, American Bar Association Emerging2584            Issues in Motor Vehicle Product Liability Litigation2585            Conference (April 2019) (no digital copy found)25862587     Governors Highway Safety Association Annual Meeting2588            (August 2019) (no digital copy found)25892590     Speech, National Automobile Dealers Association2591            Washington Conferencee (September 2019) (no digital copy2592            found)25932594     Presentation, National Association of Dealer Counsel2595            Fall Conference (October 2019) (no digital copy found)25962597     Presentation, National Sheriffs Association (Estimated2598            2019) (no digital copy found)25992600     Speech, National Independent Automobile Dealers2601            Association (Estimated 2019) (no digital copy found)26022603     Interview with Magazine (Estimated 2019 or 2020) (no2604            digital copy found)26052606                Note: I recall a written interview with an automotive2607                periodical related to repairs, tires, or the automotive2608                aftermarket, but I can't recall which one.26092610     Virtual Panel Presentation at The Autonomous' Safety2611            and Regulation Chapter Event, July 2020 (https://www.the-2612            autonomous.com/news/tackling-regu2613            lation-at-the-fourth-chapter-event/)26142615     Presentation before the Japan Automobile Standards2616            Internationalization Center (December 2020) (https://2617            www.jasic.org/meeting_docs_admin/con2618            tents/uploads/doc/meeting3/2619            6%E3%80%80NHTSA%20Symposium%20Decem2620            ber%202020.pdf)26212622   Auto Advisory Services:26232624     Presentation, Dealer Perspectives from the Early2625            Stages of the Plug-In Presentation, The California Zero2626            Emission Vehicle Mandate: Legal and Market Expectations2627            Intertwined, National Association of Motor Vehicle Boards2628            and Commissions Annual Conference (2014) (found online at:2629            https://www2630            .sambuz.com/doc/national-association-of-motor-vehicle-2631            boards-and-ppt-presen2632            tation-613040)26332634     Panel Discussion, Vehicle Finance: An Evolving Market/2635            Subprime & Negative Equity: How to Stop the Pot from2636            Bubbling Over, National Association of Motor Vehicle Boards2637            and Commissions Annual Conference (2014) (no digital copy2638            found)26392640     Electric Vehicle Market, Department of Energy Annual2641            Merit Review (June 2014) (no digital copy found)26422643     Panel Presentation, Legal Ramifications of Vendor2644            ``Solutions'' Peddled to Dealers, National Association of2645            Dealer Counsel (2017) (no digital copy found)26462647     Presentation, Industrywide Safety Recall Difficulties,2648            California New Motor Vehicle Board (2016) (no digital copy2649            found)26502651     Several Presentations, Service Drive Compliance,2652            California New Car Dealers Association (2017) (no digital2653            copy found)26542655     Presentation, Auto Repair Compliance, Independent2656            Automotive Professionals Association (2016) (no digital2657            copy found)26582659   California New Car Dealers Association:2660     Various seminars on compliance and new laws (2006-2661            2014) (no digital copy found)26622663    19. List all public statements you have made during the past ten2664years, including statements in news articles and radio and podcasts and2665television appearances, which are on topics relevant to the position2666for which you have been nominated, including dates. Include a link to2667each statement when possible. If a link is not available, provide a2668digital copy of the statement when available.26692670   Automotive News SHIFT: A Podcast About Mobility: USDOT2671        Sketches Road Rules Ahead for Self-Driving Vehicles (episode2672        74) (2020) https://www.auto2673        news.com/shift-podcast-about-mobility/usdot-sketches-road-2674        rules-ahead-self-dri2675        ving-vehicles-episode-74/26762677    20. List all digital platforms (including social media and other2678digital content sites) on which you currently or have formerly operated2679an account, regardless of whether or not the account was held in your2680name or an alias. Include the full name of an ``alias'' or ``handle'',2681including the complete URL and username with hyperlinks, you have used2682on each of the named platforms. Indicate whether the account is active,2683deleted, or dormant. Include a link to each account if possible.26842685   LinkedIn: https://www.linkedin.com/in/jonathan-morrison-2686        45b1181/ (active)26872688   X: https://x.com/jbomott38574 (active, no posts)26892690   Myspace: https://myspace.com/jbomott (long inactive)26912692    21. Please identify each instance in which you have testified2693orally or in writing before Congress in a governmental or non-2694governmental capacity and specify the date, committee, and subject2695matter of each testimony. None.2696    22. Given the current mission, major programs, and major2697operational objectives of the department/agency/commission/corporation2698to which you have been nominated, what in your background or employment2699experience do you believe affirmatively qualifies you for appointment2700to the position for which you have been nominated, and why do you wish2701to serve in that position?2702    I believe I am qualified to serve as Administrator of the National2703Highway Traffic Safety Administration because I have spent my entire2704career working in the automotive and technology fields, including2705service as Chief Counsel to the agency from November 2017 through2706January 2021. Should I be confirmed, I would apply lessons learned from2707my experiences in each role to drive agency efforts to improve highway2708safety.2709    California New Car Dealers Association (CNCDA): At CNCDA I grew2710familiar with the legal, policy, and market issues affecting the2711automotive industry, including safety, fuel economy, environmental,2712finance, transactional, and distributional.2713    Auto Advisory Services: Running Auto Advisory Services gave me the2714ability to understand automotive legal, policy, and market issues on a2715more intimate basis by providing compliance guidance directly with2716dealer, repair facility, and technology company clients.2717    National Highway Traffic Safety Administration (NHTSA): As NHTSA2718Chief Counsel, I led all regulatory, enforcement, and other legal2719activities within NHTSA's jurisdiction, working closely with the2720agency's incredible team of automotive safety attorneys, engineers,2721economists, statisticians, human factors specialists, and other2722researchers on all aspects of NHTSA's mission.2723    My work at NHTSA gave me intimate knowledge of the areas of NHTSA2724jurisdiction, and recent experience working to address the ongoing2725highway safety crisis.2726    Apple: At Apple, I led a cross-functional legal, regulatory,2727government affairs, and policy team to provide strategic counsel to2728leadership, product design, industrial design, and human interface2729teams on regulatory, product liability, and safety implications of2730various technological designs and features. This experience of applying2731regulation to cutting edge technologies would serve me well as2732Administrator, should I be confirmed.2733    23. What do you believe are your responsibilities, if confirmed, to2734ensure that the department/agency/commission/corporation has proper2735management and accounting controls, and what experience do you have in2736managing a large organization?2737    Should I be confirmed as Administrator of the National Highway2738Traffic Safety Administration, my responsibilities will be to lead and2739represent the agency on all matters within its jurisdiction in2740accordance with the directions, policies, and priorities of the2741Secretary of Transportation and President of the United States. This2742includes properly and efficiently managing all programs, functions,2743offices, and activities of the agency within the Administrator's2744statutory authorities in accordance with the law and the Constitution.2745    Critically, my responsibilities will involve planning and2746overseeing budgets, spending plans, and audits, and implementing2747internal controls consistent with mandates from the Office of2748Management and Budget, Department of Transportation, and Congress to2749ensure accountability.2750    While serving as Chief Counsel to the agency, I assisted the Deputy2751Administrator in management of the agency, working closely with the2752Associate Administrator for Administration and CFO. I also gained2753executive managerial experience from running a business when serving as2754President of Auto Advisory Services.2755    24. What do you believe to be the top three challenges facing the2756department/agency/commission/corporation, and why?27572758   Our highway fatality crisis has continued at an unacceptably2759        elevated rate, especially since the onset of the COVID-192760        pandemic. Over the past several years, we have suffered2761        fatality rates our country hasn't seen since the mid-2000s. The2762        characteristics common to these fatal crashes have remained2763        consistent for decades: speeding, alcohol and/or drug use,2764        distraction, and not wearing seat belts. The agency must2765        redouble its efforts on proven safety countermeasures.27662767   While today's new vehicles are the safest ever sold, the2768        average age of a vehicle in the United States fleet is older2769        than ever and now approaches 13 years--meaning an increasingly2770        large proportion of our society is driving older and less safe2771        vehicles. The reason for this aging fleet is multifaceted, but2772        much can be attributed to regulatory mandates in the United2773        States, Europe, and China that push design decisions away from2774        what consumers want and need and continually push vehicle2775        prices out of reach for everyday Americans. Pursuing smart2776        regulation that focuses on robust, design-agnostic, performance2777        requirements will allow automakers to design and sell2778        innovative vehicles that consumers and businesses desire, and2779        at a lower price point.27802781   Automotive technology, and American use and acceptance of2782        such technology, is evolving at an incredibly rapid pace.2783        Alternative fuel powertrains, software-defined vehicles, and2784        automated driving systems are extraordinarily complicated, and2785        development is unique to each company. Appropriate oversight2786        and regulation of these new technologies requires that the2787        agency continuously develop its own expertise and familiarity2788        with new technologies and their costs and benefits. The agency2789        must engage with industry, State and local governments, and2790        safety experts to establish robust performance requirements2791        that meet the need for motor vehicle safety in a way that does2792        not hamper innovation.2793                   b. potential conflicts of interest2794    1. Describe all financial arrangements, deferred compensation2795agreements, and other continuing dealings with business associates,2796clients, or customers. Please include information related to retirement2797accounts, such as a 401(k) or pension plan.27982799   Apple:28002801     Severance: Upon leaving Apple on April 28th, I will2802            receive a lump sum severance payment, and up to six months2803            of COBRA premiums pursuant to Apple's severance plan.28042805     Bonus: Conditioned upon fulfilling my employment2806            obligations and remaining an employee in good standing on2807            April 28th, I will receive a cash bonus.28082809     ESPP Refund: I have continued to have a portion of my2810            salary withheld pursuant to Apple's Employee Stock Purchase2811            Plan. Since I will leave Apple prior to the next stock2812            purchase date, all amounts withheld will be cashed out upon2813            my leaving the company on April 28th.28142815     Accrued vacation payout: Pursuant to Apple's2816            employment plan, all accrued vacation time will be cashed2817            out to me upon my departure on April 28th.28182819     401(k): I have an Apple-sponsored 401(k) account2820            through Fidelity Netbenefits. I will keep this account open2821            for some period of time. If I am confirmed, I will consider2822            rolling the funds in this account over to the Federal2823            Thrift Savings Plan.28242825   Federal Government:2826     Thrift Savings Plan: I have retained my Thrift Savings2827            Plan account from my time in the Federal Government.28282829    2. Do you have any commitments or agreements, formal or informal,2830to maintain employment, affiliation, or practice with any business,2831association, or other organization during your appointment? If so,2832please explain. No.2833    3. Indicate any investments, obligations, liabilities, or other2834relationships which could involve potential conflicts of interest in2835the position to which you have been nominated. Explain how you will2836resolve each potential conflict of interest.2837    In connection with the nomination process, I have consulted with2838the Office of Government Ethics and the Department of Transportation2839(``DOT'') Designated Agency Ethics Official to identify potential2840conflicts of interest. Any potential conflicts of interest will be2841resolved consistent with the terms of an ethics agreement I have2842entered into with the DOT Designated Agency Ethics Official, which has2843been provided to this Committee. I am not aware of any other conflicts2844of interest.2845    4. Describe any business relationship, dealing, or financial2846transaction which you have had during the last ten years, whether for2847yourself, on behalf of a client, or acting as an agent, that could in2848any way constitute or result in a possible conflict of interest in the2849position to which you have been nominated. Explain how you will resolve2850each potential conflict of interest.2851    In connection with the nomination process, I have consulted with2852the Office of Government Ethics and the Department of Transportation2853(``DOT'') Designated Agency Ethics Official to identify potential2854conflicts of interest. Any potential conflicts of interest will be2855resolved consistent with the terms of an ethics agreement I have2856entered into with the DOT Designated Agency Ethics Official, which has2857been provided to this Committee. I am not aware of any other conflicts2858of interest.2859    5. Identify any other potential conflicts of interest and explain2860how you will resolve each potential conflict of interest.2861    In connection with the nomination process, I have consulted with2862the Office of Government Ethics and the Department of Transportation2863(``DOT'') Designated Agency Ethics Official to identify potential2864conflicts of interest. Any potential conflicts of interest will be2865resolved consistent with the terms of an ethics agreement I have2866entered into with the DOT Designated Agency Ethics Official, which has2867been provided to this Committee. I am not aware of any other conflicts2868of interest.2869    6. Describe any activity during the past ten years, including the2870names of clients represented, in which you have been engaged for the2871purpose of directly or indirectly influencing the passage, defeat, or2872modification of any legislation or affecting the administration and2873execution of law or public policy.2874    Until resigning in February 2024, I served as a Director of the2875Autonomous Vehicle Industry Association, which advocated for policies2876in support of the safe testing and deployment of highly automated2877vehicles.2878    While President of Auto Advisory Services, I attended the2879California New Car Dealers Association's annual legislative conferences2880and accompanied dealer clients to visits with members of the California2881legislature.2882    Until joining the National Highway Traffic Safety Administration in2883November 2017, I served as a Director of the California Automotive2884Business Coalition, which advocated for policies in support of the2885larger automotive repair industry.2886    In connection with the nomination process, I have consulted with2887the Office of Government Ethics and the Department of Transportation2888(``DOT'') Designated Agency Ethics Official to identify potential2889conflicts of interest. Any potential conflicts of interest will be2890resolved consistent with the terms of an ethics agreement I have2891entered into with the DOT Designated Agency Ethics Official, which has2892been provided to this Committee. I am not aware of any other conflicts2893of interest.2894                            c. legal matters2895    1. Have you ever been disciplined or cited for a breach of ethics,2896professional misconduct, or retaliation by, or been the subject of a2897complaint to, any court, administrative agency, the Office of Special2898Counsel, an Inspector General, professional association, disciplinary2899committee, or other professional group? If yes:2900    No.29012902  a.  Provide the name of the court, agency, association, committee, or2903        group;29042905  b.  Provide the date the citation, disciplinary action, complaint, or2906        personnel action was issued or initiated;29072908  c.  Describe the citation, disciplinary action, complaint, or2909        personnel action;29102911  d.  Provide the results of the citation, disciplinary action,2912        complaint, or personnel action.29132914    2. Have you ever been investigated, arrested, charged, or held by2915any Federal, State, or other law enforcement authority of any Federal,2916State, county, municipal, or foreign government entity, other than for2917a minor traffic offense? If so, please explain. No.2918    3. Have you or any business or nonprofit of which you are or were2919an officer ever been involved as a party in an administrative agency2920proceeding, criminal proceeding, or civil litigation? If so, please2921explain. No.2922    4. Have you ever been convicted (including pleas of guilty or nolo2923contendere) of any criminal violation other than a minor traffic2924offense? If so, please explain. No.2925    5. Have you ever been accused, formally or informally, of sexual2926assault, sexual harassment, or discrimination on the basis of sex,2927race, religion, or any other basis? If so, please explain. No.2928    6. Please advise the Committee of any additional information,2929favorable or unfavorable, which you feel should be disclosed in2930connection with your nomination. None.2931                     d. relationship with committee2932    1. Will you ensure that your department/agency/commission/2933corporation complies with deadlines for information set by2934congressional committees, and that your department/agency/commission/2935corporation endeavors to timely comply with requests for information2936from individual Members of Congress, including requests from members in2937the minority?2938    Yes, I will ensure that my office responds to such requests for2939information as appropriate.2940    2. Will you ensure that your department/agency/commission/2941corporation does whatever it can to protect congressional witnesses and2942whistleblowers from reprisal for their testimony and disclosures? Yes.2943    3. Will you cooperate in providing the Committee with requested2944witnesses, including technical experts and career employees, with2945firsthand knowledge of matters of interest to the Committee? Yes.2946    4. Are you willing to appear and testify before any duly2947constituted committee of the Congress on such occasions as you may be2948reasonably requested to do so? Yes.2949                                 ______29502951                     Resume of Jonathan C. Morrison2952EXPERIENCE2953Apple, Inc, Cupertino, California2954Special Projects Group Legal 2021-Present2955Apple, Inc. is one of the world's largest technology companies,2956blending hardware, software, and services to create unrivaled consumer2957products and experiences.29582959   Led intersectional team of legal, engineering, and2960        government affairs professionals for Apple's Special Projects2961        Group, overseeing and directing legal, regulatory, government2962        affairs, and policy development activities.29632964   Strategic Counsel:29652966     Guided product design, industrial design, and human2967            interface teams on regulatory and product liability2968            implications of various designs and features; worked2969            collaboratively to modify designs to mitigate risk while2970            meeting concept objectives29712972     Developed cross-functional Safety Action Committee2973            organization to bring together relevant experts and project2974            leadership to align on policy development and safety-2975            critical decisionmaking29762977     Supported large operations infrastructure in achieving2978            program objectives while meeting regulatory requirements2979            and mitigating safety and liability risk29802981     Worked with Apple legal, government affairs, security,2982            and communications teams to achieve alignment on supply2983            chain, intellectual property, privacy, and other strategic2984            objectives29852986   Policy Development:29872988     Worked cross-functionally to evaluate implications of2989            alternative performance standards and potential suitability2990            for anticipated regulatory requirements29912992     Adapted goal-structured notation approach for policy/2993            process development through cross-functional safety case2994            governance29952996     Developed policies, based upon regulatory, standards,2997            and political research, designed to generate design-and-2998            feature-specific engineering requirements29993000National Highway Traffic Safety Administration (NHTSA), Washington,3001District of Columbia3002Chief Counsel 2017 to 202130033004NHTSA is the primary Federal automotive industry regulator, overseeing3005activities of automobile manufacturers, parts suppliers, automated3006driving system (ADS) developers, dealers, and alterers/modifiers.3007NHTSA's mission is to save lives, prevent injuries, and reduce economic3008costs due to vehicle crashes.30093010   Appointed by Secretary of Transportation to serve as the3011        16th Chief Counsel in NHTSA's history to lead all regulatory,3012        enforcement, and other legal activities within NHTSA's3013        jurisdiction30143015   Engaged in detailed technical discussions with government3016        and stakeholder attorneys, engineers, economists,3017        statisticians, human factors specialists, and other researchers3018        to inform policy and legal determinations30193020   Worked with NHTSA's Office of Defect Investigations and3021        Office of Vehicle Safety Compliance to evaluate safety and3022        compliance concerns based upon TREAD Act reporting, consumer3023        complaints, and other information to determine whether3024        investigations were necessary and appropriate, ensure due3025        process, and evaluate the adequacy and timeliness of3026        manufacturer recalls30273028   Oversaw negotiation of consent orders with manufacturers,3029        importers, parts suppliers, and new car dealers30303031   Researched and issued authoritative legal interpretations of3032        relevant statutes and regulations30333034   Oversaw Congressional affairs inquiries and led3035        Congressional briefings on matters relating to cybersecurity,3036        ADS, fuel economy, and odometer disclosure requirements30373038   Represented the United States in presentations before3039        national and international government, trade association, and3040        industry events30413042Auto Advisory Services, Inc. (AAS), Irvine, California3043President 2014 to 201730443045AAS was a 40+ employee legal compliance consulting company that3046leveraged deep understanding of industry operations and expertise in3047technical State and Federal laws to provide compliance counsel to3048hundreds of new car dealer and technology company clients.30493050   Assisted clients in navigating industry issues in response3051        to governmental activity and litigation threats30523053   Led team of attorneys, and former law enforcement officials3054        to audit dealer activities for compliance with California and3055        Federal sales, finance, privacy, advertising, and repair laws30563057   Leveraged automotive repair expertise to create automotive3058        service compliance program30593060   Worked with State and Federal trade associations3061        representing dealers, automakers, finance companies and other3062        transportation-related sectors to develop and provide3063        compliance guidance30643065   Fostered relationships with trade associations, regulatory3066        agencies, automakers, finance companies and litigators to gauge3067        compliance threats and provide targeted industry guidance30683069California New Car Dealers Association (CNCDA), Sacramento, California3070Director of Legal & Regulatory Affairs 2006 to 201430713072CNCDA represents 1,200 California franchised new car and truck dealers3073in legal, regulatory, legislative and media advocacy.30743075   Led legal and regulatory advocacy efforts before all3076        California courts and regulatory agencies, including the3077        California Air Resources Board, Department of Motor Vehicles,3078        Bureau of Automotive Repair, Department of Toxic Substances3079        Control, and Board of Equalization30803081   Drafted legislation and regulations to implement favorable3082        policy positions and strategies30833084   Testified before California legislature and Federal and3085        State regulatory agencies on behalf of dealers30863087   Assisted dealers in navigating pressing industry events3088        spurred by Federal or State laws30893090   Analyzed and monitored legislative and regulatory proposals3091        to determine dealer impact30923093   Monitored legal trends in California and Federal courts;3094        coordinated Amicus activity among businesses and trade3095        associations; drafted and edited Federal and State Amicus3096        briefs3097PROFESSIONAL QUALIFICATIONS3098Member, United States Supreme Court Bar, 2018 to present30993100Member, State Bar of California, 2005 to present31013102Director, Autonomous Vehicle Industry Association, 2021 to 202431033104Co-Chair, Regulatory Compliance Practice Group, National Association of3105Dealer Counsel, 2015 to 201731063107Director, California Automotive Business Coalition, 2014 to 201731083109Appointed Member, California Bureau of Automotive Repair Advisory3110Group, 2014 to 20173111EDUCATION3112University College London, London, United Kingdom31133114LL.M., with Merit (Honors), International Business Law, 200531153116The Notre Dame Law School, Notre Dame, Indiana31173118Juris Doctor, 200431193120University of Pittsburgh, Pittsburgh, Pennsylvania31213122Bachelor of Philosophy, Magna Cum Laude, Philosophy & Music, 200131233124Cosumnes River College, Sacramento, California31253126Associate of Arts, with Highest Honors, Music, 199831273128    The Chairman. Thank you. Mr. Roberti, you are now3129recognized.31303131                   STATEMENT OF PAUL ROBERTI,31323133           NOMINEE TO BE ADMINISTRATOR, PIPELINE AND31343135           HAZARDOUS MATERIALS SAFETY ADMINISTRATION31363137    Mr. Roberti. Chairman Cruz, Ranking Member Cantwell, and3138members of the Committee, thank you for the opportunity to be3139here today.3140    It is a great honor to be nominated by President Trump, and3141I am equally grateful to Secretary Duffy for his trust and3142confidence in my ability to lead the Pipeline and Hazardous3143Material Safety Administration.3144    I am pleased to be accompanied today by my three wonderful3145sons, twins, Christian and Ethan, and their younger brother,3146William; and my two brothers, Dino and Peter, and some very3147close friends and colleagues who traveled from New York, New3148England, today; my friend Jake Van Reen, my good friend Kim3149Baruti, and Paul Afonso from Massachusetts.3150    I also want to thank Senator Whitehouse for his kind3151introduction and his commitment to public service and3152leadership on behalf of the citizens of Rhode Island.3153    I come to Washington to serve the Nation from Rhode Island3154where I grew up as the son of school teachers who fostered a3155culture of learning, loyalty, and hard work so that each of my3156brothers and I could build a future called the American dream.3157    My pathway to public service began 35 years ago, and3158through various positions in State and Federal Government, I3159always relied on an inner moral compass to do the right thing3160and to see that my actions and decisions reflected the3161interests of average everyday citizens who expected good3162government from those who were charged with serving the public3163interest.3164    My career took me into energy and utilities. From very3165early on, I was amazed at the complexity of the energy systems3166that delivered vital services to society, powering our economy3167and way of life, and at the same time achieving reliability and3168affordability for the consumers who ultimately paid the bills.3169    The vast network of pipelines in our Nation represents the3170cornerstone of our economy and our bright pathway to achieving3171energy independence. The energy products moving through3172pipelines keep us warm at night, drive manufacturing, and help3173ensure that the electric grid never fails. The reliability and3174safety of these systems, literally, can spell the difference3175between life and death.3176    When I was a public utilities commissioner in Rhode Island3177and learned that some of our pipelines dated back to 1850,3178installed even before the Civil War when Abraham Lincoln was3179still a Member of Congress, and that these vintage cast iron3180systems ultimately resulted in preventable tragedies such as3181Allentown, Pennsylvania, and East Harlem, New York, it3182galvanized my drive to advance pipeline safety.3183    To realize the President's vision for unleashing American3184energy, we must instill great confidence that our3185transportation systems are safe. Whether it be natural gas3186moving through pipelines, crude oil over railways, lithium3187batteries in airplanes, or the fireworks that mark our Fourth3188of July celebrations, ensuring the safe movement of hazardous3189materials throughout the Nation's transportation systems must3190always be PHMSA's top priority.3191    I am honored to be considered to lead PHMSA's dedicated3192workforce as they strive to maintain and enhance the safe3193movement of hazardous materials across all modes of3194transportation, including pipelines.3195    Today, we face many threats and challenges to our pipeline3196infrastructure, physical and cyber security threats from bad3197actors, whether individuals or nation states, pose a steady and3198growing risk to the safe and reliable operation of our pipeline3199systems. The best defense against these threats requires3200constant vigilance and close coordination with Federal, state,3201and local government partners, as well as collaboration with3202industry. And if a bad incident occurs, these same defensive3203measures are equally critical in the context of emergency3204response and recovery.3205    Allow me to close on a positive note. New technologies,3206engineering advances, and innovation offer substantial3207opportunities to advance safety while lowering costs for the3208American consumer. For example, the power of advanced3209capabilities like artificial intelligence can be leveraged for3210obtaining higher quality risk assessments to evaluate the3211integrity of pipeline systems and harness toward the3212development of better technologies for containing hazardous3213materials.3214    If confirmed as administrator, I not only commit to being a3215fair and effective regulator, but also will seek opportunities3216for unleashing American ingenuity to advance safety and bring3217us closer to the goal of zero incidents.3218    Thank you, Chairman Cruz and Ranking Member Cantwell. I3219look forward to answering the Committee's questions.3220    [The prepared statement and biographical information of Mr.3221Roberti follow:]32223223   Prepared Statement of Paul Roberti, Nominee to be Administrator,3224         Pipeline and Hazardous Materials Safety Administration3225    Chairman Cruz, Ranking Member Cantwell and Members of the3226Committee--32273228    Thank you for the opportunity to be here today. It is a great honor3229to be nominated by President Trump, and I am equally grateful to3230Secretary Duffy for his trust and confidence in my ability to lead the3231Pipeline and Hazardous Materials Safety Administration (PHMSA).3232    I come to Washington to serve the Nation from Rhode Island, where I3233grew up as the son of schoolteachers, who fostered a culture of3234learning, loyalty and hard work so that each of my brothers and I could3235build a future called the American dream.3236    My pathway to public service began 35 years ago, and through3237various positions in State and Federal government, I always relied on3238an inner moral compass to do the right thing, and to see that my3239actions and decisions reflected the interests of average, everyday3240citizens who expected ``good government'' from those who were charged3241with serving the public interest.3242    My career took me into energy and utilities. From very early on, I3243was amazed at the complexity of the energy systems that delivered vital3244services to society, powering our economy and way of life, and at the3245same time achieving reliability and affordability for the consumers who3246paid the bills.3247    The vast network of pipelines in our Nation represents the3248cornerstone of our economy and our bright pathway to achieving energy3249independence. The energy products moving through pipelines keep us warm3250at night, drive manufacturing and help ensure that the electric grid3251never fails. The reliability and safety of these systems literally can3252spell the difference between life and death.3253    When I was a public utilities commissioner in Rhode Island and3254learned that some of our pipelines dated back to 1850--installed before3255the Civil War when Abraham Lincoln was still a Member of Congress--and3256that these vintage cast iron systems ultimately resulted in preventable3257tragedies such as Allentown, PA and East Harlem, NY, it galvanized my3258drive to advance pipeline safety.3259    To realize the President's vision for unleashing American energy,3260we must instill great confidence that our transportation systems are3261safe. Whether it be natural gas moving through pipelines, crude oil3262over railways, lithium batteries in airplanes, or the fireworks that3263mark our Fourth of July celebrations, ensuring the safe movement of3264hazardous materials throughout our Nation's transportation systems must3265always be PHMSA's top priority. I am honored to be considered to lead3266PHMSA's dedicated workforce as they strive to maintain and enhance the3267safe movement of hazardous materials across all modes of3268transportation, including pipelines.3269    Today, we face many threats and challenges to our pipeline3270infrastructure. Physical and cybersecurity threats from bad actors,3271whether individuals or nation states, pose a steady and growing risk to3272the safe and reliable operation of our pipeline systems. The best3273defense against these threats requires constant vigilance and close3274coordination with federal, state, and local government partners, as3275well as collaboration with industry. And if a bad incident occurs,3276these same defensive measures are equally critical in the context of3277emergency response and recovery.3278    Allow me to close on a positive note. New technologies, engineering3279advances, and innovation offer substantial opportunities to advance3280safety while lowering costs for the American consumer. For example, the3281power of advanced capabilities like artificial intelligence can be3282leveraged for obtaining higher quality risk assessments to evaluate the3283integrity of pipeline systems and harnessed towards the development of3284better technologies for containing hazardous materials. If confirmed as3285Administrator, I not only commit to being a fair and effective3286regulator, but also will seek opportunities for unleashing American3287ingenuity to advance safety and bring us closer to the goal of zero3288incidents.3289    Thank you, Chairman Cruz and Ranking Member Cantwell. I look3290forward to answering the Committee's questions.3291                                 ______32923293                      a. biographical information3294    1. Name (Include any former names or nicknames used): Paul Roberti.3295    2. Position to which nominated: Administrator, Pipeline and3296Hazardous Materials Safety Administration.3297    3. Date of Nomination: February 3, 2025.3298    4. Address (List current place of residence and office addresses):32993300        Residence: Information not released to the public.3301        Office: Information not provided.33023303    5. Date and Place of Birth: Warwick, RI.3304    6. Provide the name, position, and place of employment for your3305spouse (if married) or domestic partner, and the names and ages of your3306children (including stepchildren and children by a previous marriage):33073308        Ethan Roberti (age 24)33093310        Christian Roberti (age 24)33113312        William Roberti (age 18)33133314    7. List all college and graduate schools attended, whether or not3315you were granted a degree by the institution. Provide the name of the3316institution, the dates attended, the degree received, and the date of3317the degree:33183319        College of the Holy Cross (9/83-5/87). B.A. Chemistry (5/87)3320        Suffolk University School of law (9/87-6/90). Juris Doctorate3321        (6/90)33223323    8. List all post-undergraduate employment, including the job title,3324name of employer, and inclusive dates of employment, and highlight all3325management-level jobs held and any non-managerial jobs that relate to3326the position for which you are nominated. (Management positions are in3327italics)33283329   law Clerk., Supreme Court of Rhode Island (9/90-8/91)33303331   Associate., Tillinghast Collins & Graham (9/91-9/92)33323333   Special Assistant Attorney General, R.I. Dept. of AG (9/92-3334        1/97)33353336   Assistant Attorney General, R.I. Dept. of AG (1/97-7/09)33373338   Chief., Regulatory Unit, R.I. Department of AG (6/97-7/09)33393340   Commissioner., Rhode Island Public Utilities Commission (7/3341        09-6/16)33423343   Executive Director, Ernst & Young (6/16-3/18)33443345   Chief Counsel, U.S. Pipeline and Hazardous Materials Safety3346        Administration (3/18-1/21)33473348   President., Greene River Advisors LLC (7/21-12/24)33493350   Chief Economic and Policy Analyst, Rhode Island Division of3351        Public Utilities and Carriers (3/22-9/24)33523353   Managing Director, Ernst & Young LLP (9/24 to present)33543355    9. Attach a copy of your resume. See attached pdf document.3356    10. List any advisory, consultative, honorary, or other part-time3357service or positions with Federal, State, or local governments, other3358than those listed above after 18 years of age.33593360   Member, USDOE Electricity Advisory Committee (2013-17)33613362   Member, USDOE/NARUC Natural Gas Infrastructure Modernization3363        Partnership (2016)33643365   Member, Special legislative Committee to Study and Evaluate3366        Natural Gas Transmission and Distribution System Infrastructure3367        (2021-2022)33683369   Member, Governor's Telecommunications Task Force33703371   Moderator, Pojac Point Fire District (2016-2020)33723373   Clerk, Pojac Point Fire District (2004-06)33743375   Road Commissioner, Pojac Point Fire District (2024-2025)33763377    11. List all positions held as an officer, director, trustee,3378partner, proprietor, agent, representative, or consultant of any3379corporation, company, firm, partnership, or other business, enterprise,3380educational, or other institution.33813382   Director, National Association of Regulatory Commissioners3383        (NARUC) (2013-16)33843385   Chairman, NARUC Subcommittee on Pipeline Safety (2013-16)33863387   Chairman, NARUC Pipeline Safety Task Force (2011-13)33883389   Vice Chairman, NARUC Committee on Gas (2013-14)33903391   Director, National Regulatory Research Institute (2012-16)33923393   Director, University of Rhode Island Research Foundation3394        (2022-2025)33953396   Chairman, New Mexico State University/Center for Public3397        Utilities' Advisory Council (2013-15)33983399   Vice-Chairman, New England Power Pool (2021-24)34003401    12. List all memberships you have had after 18 years of age or3402currently hold with any civic, social, charitable, educational,3403political, professional, fraternal, benevolent or religiously3404affiliated organization, private club, or other membership organization3405(You do not have to list your religious affiliation or membership in a3406religious house of worship or institution). Include dates of membership3407and any positions you have held with any organization. Please note3408whether any such club or organization restricts membership on the basis3409of sex, race, color, religion, national origin, age, or disability.34103411   Member of the Bar, United States Supreme Court (2018 to3412        present)34133414   Member of the Bar, United States Court of Appeals (1st and3415        DC circuits) (1997 to present)3416   Member of the Bar, United States District Court 19913417   Member of the Bar, Rhode Island (1990 to present)3418   Member of the Bar, Massachusetts (1991-2008)3419   Member of the Bar, Florida (1992-2008)3420   Member, Rhode Island Bar Association (1990 to present)34213422   Member, Rhode Island Inns of Court (1994-96)34233424   Member, North American Energy Standards Board Advisory3425        Council (2013-2025)34263427   Member, National Association of Regulatory Utility3428        Commissioners (2009-16)34293430   Member, Public Interest Advisory Council, Gas Technology3431        Institute (2014-16; 2022-24)34323433   Member, International Confederation of Energy Regulators3434        (2015-16)34353436   Member, New England Conference of Public Utility3437        Commissioners (2009-16)34383439   Member, Rhode Island Mineral Hunters Assoc. (1977-82; 20223440        to present)34413442   Member, Rhode Island Dahlia Society (2022 to present)34433444   Member, American Dahlia Society (2022 to present)34453446    13. Have you ever been a candidate for and/or held a public office3447(elected, non-elected, or appointed)? If so, indicate whether any3448campaign has any outstanding debt, the amount, and whether you are3449personally liable for that debt. Not Applicable.3450    14. List all memberships and offices held with and services3451rendered to, whether compensated or not, any political party or3452election committee within the past ten years. If you have held a paid3453position or served in a formal or official advisory position (whether3454compensated or not) in a political campaign within the past ten years,3455identify the particulars of the campaign, including the candidate, year3456of the campaign, and your title and responsibilities. Not Applicable.3457    15. Itemize all political contributions to any individual, campaign3458organization, political party, political action committee, or similar3459entity of $200 or more for the past ten years.34603461   12/31/2024, Ernst & Young Political Action Committee: $30034623463    16. List all scholarships, fellowships, honorary degrees, honorary3464society memberships, military medals, and any other special recognition3465for outstanding service or achievements.34663467   Award of Appreciation, Energy & Natural Resources Division,3468        U.S. Department of Justice (2020)34693470   Terry Barnich Award, National Association of Regulatory3471        Utility Commissioners (2016)34723473   Scholarship, Holy Cross Club of Rhode Island34743475   Executive Leadership Program, Harvard Business School (2017)34763477   National Institute of Trial Advocacy (1996)34783479   Leadership Rhode Island (2014)34803481   Outstanding Physics Student of the Year, North Kingstown3482        High School (1983)34833484   Boys Nation, American Legion (1982)34853486   History Award, Daughters of the American Revolution (1981)34873488   Berger Anderson Award, Rhode Island Mineral Hunters3489        Association (1978 & 1981)34903491    17. List all books, articles, columns, letters to the editor,3492Internet blog postings, or other publications you have authored,3493individually or with others. Include a link to each publication when3494possible. If a link is not available, provide a digital copy of the3495publication when available.34963497   ``Challenges of Aging Infrastructure,'' Public Utilities3498        Fortnightly (2015)3499   ``The Essential Role of State Engagement in Demand3500        Response,'' Harvard Environmental Law Review (2016)35013502    (See attached pdf documents)3503    18. List all speeches, panel discussions, and presentations (e.g.,3504PowerPoint) that you have given on topics relevant to the position for3505which you have been nominated. Include a link to each publication when3506possible. If a link is not available, provide a digital copy of the3507speech or presentation when available.3508    (See attached pdf documents related to the following list of3509speeches and presentations)35103511   American Bar Association (November 19, 2019)35123513   American Forest & Paper Association (April 24, 2019)35143515   American Gas Association (October 7, 2014)35163517   American Petroleum Institute (November 7, 2019)35183519   Dangerous Goods Advisory Council, (October 30, 2019)35203521   Iowa Utilities Commission (February 26, 2019)35223523   NARUC Committee on Gas (July 16, 2018)35243525   NARUC Committee on Gas (November 2019)35263527   Nat'l Assoc. of Pipeline Safety Representatives (October 15,3528        2018)35293530   Nat'l Assoc. of Pipeline Safety Representatives (September3531        15, 2020)35323533   Nat'l Assoc. of State Utility Consumer Advocates (November3534        18, 2019)35353536   New England Conference of PUCs (June 2013)35373538   New Mexico State University (April 8, 2019)35393540   Northeast Gas Association (May 2013)35413542   Pipeline Research & Dev. Forum (September 11, 2018)35433544   Texas Railroad Commission (August 2019)35453546   Nat'l Assoc. of Regulatory Utility Commissioners (February3547        14, 2016)35483549    19. List all public statements you have made during the past ten3550years, including statements in news articles and radio and podcasts and3551television appearances, which are on topics relevant to the position3552for which you have been nominated, including dates. Include a link to3553each statement when possible. If a link is not available, provide a3554digital copy of the statement when available.35553556        https://www.providencejournal.com/story/news/environment/2016/3557        06/12/3558        power-in-play-new-england-losing-generators-so-how-could-3559        burrillville-plant3560        -not-be-needed/ 27741442007/35613562    20. List all digital platforms (including social media and other3563digital content sites) on which you currently or have formerly operated3564an account, regardless of whether or not the account was held in your3565name or an alias. Include the full name of an ``alias'' or ``handle'',3566including the complete URL and username with hyperlinks, you have used3567on each of the named platforms. Indicate whether the account is active,3568deleted, or dormant. Include a link to each account if possible.35693570   LinkedIn: https://www.linkedin.com/in/paul-roberti-806316833571        (active)35723573   Facebook: https://facebook.com/paul.roberti.52 (active)35743575   Instagram proberti33 (deactivated)35763577    21. Please identify each instance in which you have testified3578orally or in writing before Congress in a governmental or non-3579governmental capacity and specify the date, committee, and subject3580matter of each testimony.35813582   United States Senate: Committee on Small Business and3583        Entrepreneurship: ``How Small Businesses Benefit from Smart3584        Rail Shipping Regulation;'' 115th Congress Second Session3585        (November 16, 2018).35863587   United States Senate: Committee on Commerce, Science, and3588        Transportation; ``Pipeline Safety in the Merrimack Valley:3589        Incident Prevention and Response'' (November 26, 2018).35903591   United State House of Representatives: Committee on Energy3592        and Commerce: ``State Perspectives: Questions Concerning EPA's3593        Proposed Clean Power Plan'' (September 5, 2014).35943595    22. Given the current mission, major programs, and major3596operational objectives of the department/agency/commission/corporation3597to which you have been nominated, what in your background or employment3598experience do you believe affirmatively qualifies you for appointment3599to the position for which you have been nominated, and why do you wish3600to serve in that position?3601    I have devoted thirty years of my career to public service across3602multiple positions at the federal, state, and local level. In my3603position as Assistant Attorney General, I represented and advocated for3604citizens, ratepayers, and consumers of regulated utility service3605providers. I carried out my duties with an unwavering commitment to3606achieve just outcomes for the citizens I represented, and at the same3607time to be fair and objective in holding industry accountable to3608regulators and the public at large. These efforts were recognized and3609led the Governor to appoint me to the Public Utilities Commission in3610Rhode Island, where I served as an economic and safety regulator with3611distinction for seven years.3612    During my public service career, I developed a passion for3613advancing safety of pipeline systems, which remains so important for3614the energy security and prosperity of the American people. At the3615beginning of my career, Rhode Island's energy infrastructure was in3616severe need of modernization. By working collaboratively with the3617state's natural gas distribution utilities, we developed a proactive3618plan to replace aging cast iron and leak-prone pipelines that3619represented a growing risk to public safety. That program later served3620as a model for other states across the Nation. In my leadership roles3621at the National Association of Regulatory Utility Commissioners, I3622worked steadfastly to educate and assist public utility commissioners3623across the country about the inherent risks of the pipeline systems3624entrusted to their jurisdictional stewardship, particularly with the3625lessons learned in the aftermath of multiple pipeline incidents such as3626San Bruno CA, Marshall Ml, Allentown PA, and East Harlem NY. The loss3627of life, damage to property and the environment could have, and should3628have, been prevented. The impacts from these incidents are wired into3629my sense of duty in fulfilling the functions as Administrator, should I3630be confirmed by the Senate.3631    Ultimately, my work and passion for safety led me to Washington DC,3632when I was appointed to serve as Chief Counsel of PHMSA. During these3633years, I developed a deep understanding of PHMSA's mission, which3634extends beyond pipelines to the risks associated with the movement of3635hazardous materials across our highways, waterways, railroads, and3636throughout aviation. As Chief Counsel, I brought my government3637experience to ensure the government serves the public and the regulated3638industries better through vigilant protection of public safety and the3639environment. Our efforts also focused on improving the effectiveness3640and efficiency of the enforcement process across the Pipeline and3641Hazardous Materials Divisions, which was streamlined to resolve cases3642more quickly so that the government delivered the necessary level of3643regulatory certainty to operators and industry stakeholders. During my3644time at PHMSA, the agency processed over 780 enforcement cases and3645thereby eliminated a significant backlog of pending cases, some dating3646back for more than six years.3647    Based on my collective experience, and in particular, my leadership3648experience during my years as Chief Counsel of PHMSA, I believe that I3649possess the knowledge, competence, and trust of agency personnel, the3650industry, and the public at large to advance the critical mission of3651protecting people and the environment from the risk of hazardous3652materials across all modes of transportation, including pipelines.3653    23. What do you believe are your responsibilities, if confirmed, to3654ensure that the department/agency/commission/corporation has proper3655management and accounting controls, and what experience do you have in3656managing a large organization?3657    Advancing the public interest and ensuring that PHMSA's operations3658as a government agency are effective, efficient, and transparent in3659carrying out its assigned legislative mandates will always be the3660guiding principle for executing the duties and responsibilities of the3661Administrator. My career has spanned the public and private sectors, as3662well as internationally. The leadership capabilities I have developed3663during the course of my career, coupled with my substantial experience3664as former economic regulator and executive at Ernst & Young, position3665me very well to lead the agency and ensure proper fiscal management and3666internal controls.3667    24. What do you believe to be the top three challenges facing the3668department/agency/commission/corporation, and why?36693670  1.  Striving for Zero Incidents--The top imperative for PHMSA3671        leadership is to pursue an unwavering commitment to prevent the3672        release of hazardous materials across all modes of3673        transportation. This means more than just enforcement--it3674        requires well written regulations; investment in research and3675        development of new technologies; open and direct collaboration3676        with the public and industry stakeholders; an effective3677        inspection program that ensures proper accountability and an3678        advancement of regulatory certainly to pipeline operators and3679        the regulated community; and dedication to a systemic culture3680        of safety which is best advanced through regulatory compliance3681        and the adoption of safety management systems by all regulated3682        entities.36833684  2.  Updating and Streamlining Regulations--The need to make3685        regulations better remains as a continuing responsibility of3686        PHMSA. Regulations should be as succinct and clear as possible.3687        They must also be updated to leverage new technologies and new3688        methods that achieve equal or greater safety outcomes, and some3689        of the time at reduced cost. The pace of technology is3690        accelerating. The development and leveraging of new detection3691        and mitigation tools are vital to the mission of eliminating3692        the risk of an accident, or in the case where an accident3693        occurs, helping to mitigate the consequences stemming from a3694        release of hazardous materials into the environment. PHMSA must3695        rise to the challenge of streamlining regulations and advancing3696        the development of new technologies that provide better3697        containment of hazardous materials.36983699  3.  Safety and Security: The threats to our Nation's pipeline systems3700        are significant and likely increasing. While it has taken more3701        than a century to construct the elaborate network of pipeline3702        systems that power our Nation's economy and advance the3703        American way of life, malicious actors, whether domestic or3704        foreign, could reap destruction and chaos if they were to3705        successfully mount an attack on pipeline infrastructure. I will3706        work steadfastly to ensure that PHMSA meets the growing3707        challenge of improving the safety and security of the Nation's3708        critical infrastructure by working with industry and federal,3709        state, and local partners to expose threats and eliminate3710        vulnerabilities that could be exploited by bad actors.3711                   b. potential conflicts of interest3712    1. Describe all financial arrangements, deferred compensation3713agreements, and other continuing dealings with business associates,3714clients, or customers. Please include information related to retirement3715accounts, such as a 401(k) or pension plan.3716    I participate in a defined benefit plan with the state of Rhode3717Island and in a defined contribution plan with the state of Rhode3718Island. Based on my current employer's (Ernst & Young) bonus policy, I3719may also be eligible for a performance-based bonus at the end of the3720Fiscal Year in June 2025. I will be notified of my eligibility in3721August 2025 and will forfeit the right to my bonus if I am no longer at3722Ernst & Young at the date of the bonus payout.3723    These arrangements are fully described in Part 3 of my Public3724Financial Disclosure Report.3725    2. Do you have any commitments or agreements, formal or informal,3726to maintain employment, affiliation, or practice with any business,3727association, or other organization during your appointment? If so,3728please explain. No.3729    3. Indicate any investments, obligations, liabilities, or other3730relationships which could involve potential conflicts of interest in3731the position to which you have been nominated. Explain how you will3732resolve each potential conflict of interest.3733    In connection with the nomination process, I have consulted with3734the Office of Government Ethics and the Department of Transportation's3735Designated Agency Ethics Official to identify any potential conflicts3736of interest. Any potential conflicts of interest will continue to be3737resolved in accordance with the terms of an ethics agreement that I3738have entered into with the Department's Designated Agency Ethics3739Official and that has been provided to this Committee. I am not aware3740of any other potential conflicts of interest.3741    4. Describe any business relationship, dealing, or financial3742transaction which you have had during the last ten years, whether for3743yourself, on behalf of a client, or acting as an agent, that could in3744any way constitute or result in a possible conflict of interest in the3745position to which you have been nominated. Explain how you will resolve3746each potential conflict of interest.3747    In connection with the nomination process, I have consulted with3748the Office of Government Ethics and the Department of Transportation's3749Designated Agency Ethics Official to identify any potential conflicts3750of interest. Any potential conflicts of interest will continue to be3751resolved in accordance with the terms of an ethics agreement that I3752have entered into with the Department's Designated Agency Ethics3753Official and that has been provided to this Committee. I am not aware3754of any other potential conflicts of interest.3755    5. Identify any other potential conflicts of interest and explain3756how you will resolve each potential conflict of interest.3757    In connection with the nomination process, I have consulted with3758the Office of Government Ethics and the Department of Transportation's3759Designated Agency Ethics Official to identify any potential conflicts3760of interest. Any potential conflicts of interest will continue to be3761resolved in accordance with the terms of an ethics agreement that I3762have entered into with the Department's Designated Agency Ethics3763Official and that has been provided to this Committee. I am not aware3764of any other potential conflicts of interest.3765    6. Describe any activity during the past ten years, including the3766names of clients represented, in which you have been engaged for the3767purpose of directly or indirectly influencing the passage, defeat, or3768modification of any legislation or affecting the administration and3769execution of law or public policy. Not Applicable.3770                            c. legal matters3771    1. Have you ever been disciplined or cited for a breach of ethics,3772professional misconduct, or retaliation by, or been the subject of a3773complaint to, any court, administrative agency, the Office of Special3774Counsel, an Inspector General, professional association, disciplinary3775committee, or other professional group? If yes:37763777  a.  Provide the name of the court, agency, association, committee, or3778        group;37793780  b.  Provide the date the citation, disciplinary action, complaint, or3781        personnel action was issued or initiated;37823783  c.  Describe the citation, disciplinary action, complaint, or3784        personnel action;37853786  d.  Provide the results of the citation, disciplinary action,3787        complaint, or personnel action.3788    Not Applicable3789    2. Have you ever been investigated, arrested, charged, or held by3790any Federal, State, or other law enforcement authority of any Federal,3791State, county, municipal, or foreign government entity, other than for3792a minor traffic offense? If so, please explain.3793    In 1989, I was falsely charged with three misdemeanors that were3794subsequently dismissed by a state court judge.3795    3. Have you or any business or nonprofit of which you are or were3796an officer ever been involved as a party in an administrative agency3797proceeding, criminal proceeding, or civil litigation? If so, please3798explain. Not Applicable.3799    4. Have you ever been convicted (including pleas of guilty or nolo3800contendere) of any criminal violation other than a minor traffic3801offense? If so, please explain. Not Applicable.3802    5. Have you ever been accused, formally or informally, of sexual3803assault, sexual harassment, or discrimination on the basis of sex,3804race, religion, or any other basis? If so, please explain. Not3805Applicable.3806    6. Please advise the Committee of any additional information,3807favorable or unfavorable, which you feel should be disclosed in3808connection with your nomination.3809    Please see prior responses to Biographical Information and3810Qualifications: Question Nos. 7-10; 11-12; 16-18; and 21-24.3811                     d. relationship with committee3812    1. Will you ensure that your department/agency/commission/3813corporation complies with deadlines for information set by3814congressional committees, and that your department/agency/commission/3815corporation endeavors to timely comply with requests for information3816from individual Members of Congress, including requests from members in3817the minority?3818    Yes, I will ensure that my office responds to such requests for3819information as appropriate.3820    2. Will you ensure that your department/agency/commission/3821corporation does whatever it can to protect congressional witnesses and3822whistleblowers from reprisal for their testimony and disclosures? Yes.3823    3. Will you cooperate in providing the Committee with requested3824witnesses, including technical experts and career employees, with3825firsthand knowledge of matters of interest to the Committee? Yes.3826                                 ______38273828[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]3829                                 ______38303831  Addendum to the questionnaire submitted to the Senate Committee on3832 Commerce, Science, and Transportation, 119th Congress by Paul Roberti.3833Upon further review, I have identified additional information that is3834responsive to the Committee's questionnaire. They are:38353836In the initial submission of the questionnaire, I edited some of the3837questions where supplemental requests for information were not3838applicable to me. Please see attachment to address these revisions.38393840A.8--Mr. Roberti's consulting firm, Greene River Advisors LLC, is3841spelled ``Greene'' on the OGE 278e and Questionnaire, and ``Green'' on3842the Ethics Agreement. In addition, the Ethics Agreement states that the3843company ceased doing business in 2021, yet Mr. Roberti states he was3844the president from 2021 to 2024.38453846The dates employed by the Rhode Island Division of Public Utilities and3847Carriers differs between Mr. Roberti's resume and questionnaire.38483849Please clarify these items, and supplement as appropriate.38503851The Ethics Agreement has a typo, it should read Greene not Green.3852Pertaining to the dates employed, there is a typo on the resume, it3853should read 2024 and not 2014. Updated resume is attached.38543855A.18--We have identified a set of remarks given by Mr. Roberti which3856were not disclosed. Please clarify this, determine if there are other3857responsive materials, and provide a supplement as appropriate. See3858Remarks on February 14, 2016--recipient of 2015 Terry Barnich Award:3859https://pubs.naruc.org/ pub/9CC790D6-AB8D-3DDA-14S1- CF9A7AA3F46838603861Upon my initial submission, I did not believe that the written remarks3862related to PHMSA or pipeline safety. I have updated the questionnaire3863to reflect the inclusion of these remarks,38643865A.19--Mr. Roberti said he had made no public statements over the last386610 years relevant to the position for which he has been nominated. We3867have identified the following public statements from Mr. Roberti in38682016 regarding a gas-fired power plant (http://3869www.providencejournal.com/ story/news/environment/2016/06/12/ power-in-3870play-new-england-losing- generators- so-how-could-burrillville-plant-3871not-be- needed/l7741442007/). Please clarify this, determine if there3872are other responsive materials, and provide a supplement as3873appropriate,38743875Upon my initial submission, I did not believe that the cited article3876related to PHMSA or pipeline safety. I have updated the questionnaire3877to reflect the inclusion of this article.3878                                 ______38793880               ABA PANEL ON PERFORMANCE-BASED REGULATION3881Key Points:3882DOT Philosophy regarding PBR:3883   One critical part of this philosophy is the adoption of3884        performance-based objectives in our rules, instead of overly-3885        prescriptive restrictions that inhibit innovation. Overly3886        prescriptive rules--such as rules that mandate the use of3887        established products and methods--tend to freeze in place3888        existing technology and prevent the deployment of new and3889        better solutions. By setting performance-based standards for3890        safe operations without dictating precisely how operators must3891        meet those standards, we leave private industry free to develop3892        new ways to innovative. And that preserves the incentives for3893        healthy competition and for the capital markets to invest in3894        new technology.38953896   49 CFR 5.5(e): ``Regulations should be technologically3897        neutral, and to the extent feasible, they should specify3898        performance objectives rather than prescribing specific conduct3899        that regulated entities must adopt.''3900PHMSA Application of PBR:3901   While the pipeline safety regulations can be fairly3902        characterized as a healthy mix of performance-based regulations3903        and prescriptive regulations, it is the very nature of pipeline3904        systems themselves that lends itself to performance-based3905        regulation, because every pipeline system has different3906        characteristics including age, material type, length and3907        diameter, internal pressure, type of product being transported,3908        terrain and population density along pipeline routes, among3909        other factors.39103911   What we don't want are prescriptive regulations that can3912        sometimes lead to a checklist mentality. We want operators to3913        take a holistic approach to evaluating and addressing the risk3914        of their systems, and to consider time-dependent safety threats3915        and interacting threats including human factors.39163917   Operators are primarily responsible for safety, regulators3918        can only provide oversight. Operators know their systems best3919        and the regulations need to provide some flexibility in order3920        for them to direct compliance resources to where they will3921        provide the most safety benefit. A regulator like PHMSA does3922        not have the resources to be everywhere.39233924   IM PBR: The pipeline integrity management regulations are3925        probably the best example of performance-based regulations.3926        They require operators to periodically perform risk3927        assessments, prioritize risks, and mitigate risks. They were3928        layered over the more prescriptive regulations that preceded3929        them as opposed to replacing them.39303931   The IM regulations require operators to: 1) Identify and3932        consider all relevant risks; 2) Integration of those risks into3933        the overall portfolio of risks that the operator faces to3934        understand the magnitude and importance of each new risk and3935        the interplay between those risks; and 3) Execution--Mitigating3936        those risks by adjusting operational & maintenance activities3937        and reprioritization of investment decisions.39383939   PHMSA's performance-based regulatory scheme provides3940        operators with substantial discretion and flexibility. However,3941        with great flexibility comes great responsibility on the part3942        of operators. Operators must have good internal management3943        procedures and strong corporate governance and the burden3944        remains on operators to execute. Risks that are not properly3945        accounted for can result in major accidents and lead to massive3946        costs for operators.39473948   Lest History Not Repeat Thyself: Those that do so by3949        optimizing their risk assessment and management protocols will3950        prosper, and those that don't may bear the downside3951        consequences for failing to mitigate or eliminating the risk of3952        a serious accident. One only has to look at history's wake of3953        accidents, such as Bellingham, WA; Carlsbad, NM; San Bruno, CA;3954        Marshall, MI, Refugio State Beach, CA; or most recently3955        Columbia Gas of MA.39563957   Ultimately, Stakeholders--the public and in particular3958        Congress must have confidence in the safety programs3959        administered by an agency. So while we seek to achieve our3960        regulatory objectives through flexible, performance-based3961        regulations, we are always cognizant bad outcomes will3962        undermine confidence in PBR in the eyes of the public and3963        Congress, which may ultimately usher in more prescriptive3964        requirements.39653966                                  ****3967Safety Management Systems:3968   Safety Management Systems will play a key role in the3969        future. The need for good corporate governance points to the3970        need for Safety Management Systems (SMS). Operators need to3971        consider systemic reinvestment in evaluating their long-term3972        performance.3973ENFORCEMENT:3974   Performance-based regulations can present enforcement3975        challenges. Enforcement has to provide appropriate outcomes3976        that hold operators accountable for their responsibility to3977        effectively manage pipeline assets. The process should not3978        incentivize bad outcomes in terms of safety or impacts to the3979        environment, like we saw in a relatively recent case where the3980        Fifth Circuit had the opportunity to review PHMSA's discharge3981        of enforcement obligations in the context of performance-based3982        regulations. Clearly, however, enforcement can be challenging3983        because there is always an element of judgment on the part of3984        the regulator, which may not always provide the desired outcome3985        in terms of regulatory certainty to operators.3986Exxon Mobile Pegasus Pipeline Incident in Mayflower, Arkansas:3987   Process-based vs. performance-based = Regulatory scheme will3988        lose confidence if negative outcomes are justified by adherence3989        to process rather than performance outcomes.39903991   Take a particular case re: Exxon Mobile's 2015 Pegasus3992        Pipeline spill in Arkansas--Substantial evidence showing the3993        Pegasus Pipeline was susceptible to seam failure took a back3994        seat to the operator's process, and the outcome of a major3995        spill was excused under the agency's regulatory scheme.39963997   Admittedly there are some odd nuances in that case given3998        that the agency had inaccurate guidance on the website that in3999        the court's view clothed the operator's decision making process4000        in in legitimacy.40014002   For instance, the Baker report's decision tree for4003        evaluating longitudinal seam failures presupposed that the4004        pipeline had no manufacturing defects and that operational4005        fatigue impacts were the sole and exclusive risks to the4006        pipeline.40074008   Let me offer a automobile example for comparison. If the4009        wheel on a car falls off ten times, and the agency's guidance4010        provides for examining lug nuts or the condition of the tire4011        itself, would the absence of any risk on those two categories4012        lead a reasonable human being to continue driving that car?40134014   But the outcome of that case from a public policy4015        perspective might be characterized as an instance where PHMSA's4016        performance-based regulatory scheme creates a vey false sense4017        of securing safety to the environment, perhaps an outcome best4018        characterized by Professor Coglianese as ``legitimate self4019        delusion'' on the part of regulated entities.40204021   And ultimately such an outcome presents the same ``fig4022        leaf'' of uncertainty that underlies a prescriptive approach to4023        standard setting--the so-called ``check the box'' mentality4024        that formed the basis for moving towards performance-based4025        regulations in the first place.40264027   At the end of the day, public perception matters. And the4028        perception that regulations--regardless of whether they are4029        performance-based or prescriptive--may not actually safeguard4030        the safety of the public or the environment, will undoubtedly4031        have a haunting effect on the agency's mission.4032                                 ______40334034                  American Forest & Paper Association4035                    Energy Policy Committee Meeting4036                            Washington D.C.4037                             April 24, 20194038    It's great to be with you here today.4039    I'm probably old enough to remember when people actually thought4040that the paper business might be seriously jeopardized by the computer4041age. Remember that? It was all going to be electrons and digital memory4042instead of paper and ink. But clearly that's not how it played out.4043    In fact, as I'm sure most of you know, paper production has4044increased by almost 25 percent in the last 20 years. And according to4045the Energy Information Administration, your industry now accounts for4046more than 5 percent of industrial energy consumption in the U.S. Paper4047is a much bigger business than just the stuff we put in printers and4048copy machines.4049    Incidentally, I'm a lawyer; and for good or bad, I know I bear a4050heavy responsibility for supporting your industry, so I appreciate your4051sustainability efforts that encourage recycling.4052    The growth in paper production has proceeded in tandem with energy4053efficiency--Over the same 20 year period, consumption has only4054increased by one percent. That's quite remarkable: Producing 25 percent4055more with only 1 percent more energy input is a feat that we all wish4056more industries could achieve.4057    The energy business is never far from the headlines, because energy4058is an unavoidable input cost for every form of economic activity. The4059impact to per capita GDP growth would be very substantial if we were4060all sitting around in the dark, shivering in winter and sweating in the4061summer.4062    I now have more than a year under my belt at PHMSA, but I've been4063shoulder-deep in the world of power, energy, and public utilities for a4064lot longer. Those worlds are rapidly changing these days in so many4065different ways, which I'd like to talk about this morning.4066    PHMSA's safety mission, is ``to protect people and the environment4067by advancing the safe transportation of energy and other hazardous4068materials that are essential to our daily lives.''4069    PHMSA has only about 530 employees to face the challenges posed by4070the vast network of 2.7 million miles of regulated pipelines and the4071ubiquitous transit of 1.2 million hazardous materials shipments across4072this country every passing day.4073    And those challenges just seem to keep on increasing--because the4074strong economic picture and energy abundance we are witnessing, create4075a powerful combination to bring investment in energy infrastructure and4076economic growth.4077    Perhaps with the exception of my home town region in New England,4078more pipelines are being built to bring oil and gas resources from4079production to demand centers, placing greater demands on PHMSA and the4080industry to ensure that the design, construction and operation of those4081facilities are done safely and comply with Federal standards.4082    Technology and innovation are at heart of these developments. For4083the Department of Transportation and its nine modal administrations4084(including PHMSA), innovation is one of the pillars underpinning our4085mission. Of course, safety is the highest priority, but innovation,4086along with infrastructure and accountability, represent the other three4087pillars.4088    Let me start with safety. 99.9997 percent of hazardous materials4089make it to their intended destinations safely. But even at that rate,4090we experienced 285 significant incidents in 2018, which led to 84091fatalities in the pipeline sector. 90 percent of these were related to4092distribution systems, which is not surprising since 80 percent of the4093Nation's pipelines are distribution, and thus regulated by the States.4094    For those who have met our Administrator, Skip Elliott, you know4095his vision is zero incidents. Getting to zero incidents is not easy--4096and it relies not just on good operators deeply committed to a culture4097of safety, but it also requires leaning on the other three pillars--4098technology and innovation; infrastructure; and accountability.4099    Technology brought us the shale gas revolution which will make the4100United States the largest producer of oil and gas in the world, with4101new and expanding production techniques. The growth in production is4102fueling the development of liquefied natural gas export facilities, and4103is partly driven by the reforms we achieved with the signing of a new4104Memorandum of Understanding with the Federal Energy Regulatory4105Commission that provides for a more logical assignment of roles and4106responsibilities between the two agencies during the licensing process4107for new LNG terminals. The new approach is helping to streamline the4108review process, and not only brings efficiencies, but also introduces4109much needed regulatory certainty to applicants navigating the process.4110These efforts are bolstering America's status as a net exporter of LNG4111to more than 34 countries around the globe. And this number will4112continue to grow.4113    Our work factors directly into the Administration's most important4114foreign policy strategic objectives by allowing America's natural gas4115to be liquefied and exported to nations around the world who4116desperately need a more diversified and secure set of energy resources.4117    Our efforts are tipping the geo-political balance in favor of4118Eastern European nations who are trying to decrease their current4119dependence on imported natural gas from Russian pipelines. For4120Caribbean island nations, it will mean access to clean burning natural4121gas to power electric generation, as opposed to relying on distillate4122fuels from Venezuela.4123    The numbers involved are truly astounding. A single LNG export4124facility can deliver an economic impact of $10 billion or more per4125year, and strong demand from the Asia-Pacific region looks to likely4126drive those numbers even higher over time.4127    New technologies promise to accelerate change even more, such as4128autonomous vehicles, drones, and magnetic levitation hyperloop trains.4129It paints a dramatic picture of change and opportunity, and it is4130coming at us fast.4131    At PHMSA and across DOT, we are making strong efforts to refine our4132vision by incorporating new technologies into regulation, like the4133recent plastics rule that will bring superior pipeline products all the4134while reducing construction costs.4135    We are combing through all the regulations to update and remove4136outdated ones that have not kept pace with technological advancements.4137But we will make no move unless we are convinced by clear and4138convincing data that our efforts will not compromise safety--the first4139and foremost pillar underpinning our mission.4140    But none of it can happen without the second pillar--infrastructure4141and investment. Investment in basic infrastructure that is less4142susceptible to the pace of technology, must occur--like roads and4143bridges--and of course pipelines, which may have been manufactured from4144materials that are now deemed high risk.4145    You all know what I'm talking about--cast iron and bare steel4146distribution systems. Great progress has been made--cast iron4147infrastructure has declined by almost half in the past decade, and 204148or more States have eliminated it all together.4149    That cause, crystallized by the tragic incidents in San Bruno, CA4150(2010), Allentown, PA (2011) and East Harlem, NY (2012), ultimately4151brought me to Washington DC, with a slight (2 year) detour south of the4152border from here--Mexico. These accidents make it clear that investment4153must be systematic--with operators gathering essential data and making4154compelling presentations to economic regulators on the one hand; and4155regulators making the courageous decisions to increase utility rates to4156recover those costs, on the other hand.4157    That's the heart of the regulatory compact that still remains the4158envy of the world--it brings regulatory certainty, confidence to the4159financial community, and ultimately guarantees affordable, reliable4160utility services to the American public. Maintaining the highest level4161of safety--and getting as close as possible to a ``zero-incident''4162vision--is a small additional price to pay.4163    That brings me to last pillar--Accountability.4164    Much of the current regulatory construct depends upon the industry4165to continuously assess the integrity of their pipeline systems; to4166identify risk; and ultimately to prioritize investments that guarantee4167operation of safe and secure systems. The same is true for the power4168sector.4169    The safety regulatory construct under Federal law provides great4170flexibility to the industry. But let me say this: With great4171flexibility comes great responsibility. Today's technologies of inline4172inspection capabilities are providing operators with better tools to4173evaluate integrity--but the enforcement cases crossing my desk4174demonstrate that those technologies still have a long way to go. They4175are not perfect, which is why PHMSA spends millions of dollars each4176year in research and development initiatives with universities.4177    Integrity management protocols are not a generic binder to be4178housed on a shelf. They are a living document that chronicles the life4179of the asset until it is either retired or replaced. Operators have to4180be held accountable for what they do--or don't do--with integrity4181management.4182    There's simply no alternative, since for the Nation's energy4183infrastructure to grow and meet our domestic and global strategic4184needs, the public will demand the highest level of safety and4185protection of the environment, as we know from reading about the4186growing opposition to pipeline projects across the country.4187The Nexus between Safety and Security4188    I want to close on a subject that was recently the topic of a4189technical conference at FERC--the security of our Nation's energy4190delivery infrastructure. PHMSA's mission may be safety, but you can4191never really separate safety from security. I think the TSA4192Administrator, David Pekoske, said it best at FERC two weeks ago--4193``safety and security are two sides of the same coin.''4194    Security has two components: Physical and cyber threats4195characterized by the actions of bad actors; with the second component4196being reliability as measured by supply and delivery capabilities, and4197of course planning for system contingencies.4198    Earlier this year, the Director of National Intelligence released4199the Worldwide Threat Assessment, and what was notable was the growing4200emphasis on identified threats from China. China now has the capability4201to launch cyber-attacks that could cause disruptive effects on critical4202infrastructure--``such as disruption of a natural gas pipeline for days4203to weeks--in the United States.''4204    Aside from this risk, on the reliability side, there were a number4205of recent incidents on pipeline systems in Minnesota, Michigan and my4206home state of Rhode Island where more than 6,000 customers lost gas4207service on a cold January day just a few months ago.4208    Those incidents are drawing attention to the fact that system4209resiliency is being stretched thin in some parts of the country. Demand4210for natural gas is growing both for heating and power generation;4211utilization on some systems is maxed out; and in some cases, there were4212few or no contingencies for maintaining gas supply to customers.4213    There's simply no reason for not having adequate pipeline capacity4214to meet the forecasted demands on the system. That goes equally for the4215need to plan for operational contingencies in the same manner we do for4216the electric transmission system. And there's no excuse for not4217connecting new customers who desire natural gas service in States like4218New York and Massachusetts, where local utilities have been forced to4219enact moratoriums on new connections.4220    But when you marry the conventional reliability risk to the4221physical and cyber security components, we undoubtedly find ourselves4222in a very precarious position, particularly in light of the clear and4223growing interdependency between the gas and electric sectors. Given the4224current threat assessment, we clearly need to plan for what we are4225going to do in the event systems go down due to the malevolent acts of4226third parties, something that goes far beyond our current efforts of4227establishing information sharing platforms.4228    So, safety and security go hand in hand, and the consequences can4229often be the same. You've probably heard me ask this before--what do4230the San Bruno, CA pipeline tragedy and Midwest Black-Out (2003) have in4231common? Besides both being avoidable, they both resulted in eight4232fatalities.4233    Those tragic incidents could pale in comparison to what could4234happen if we experienced a well-coordinated cyber-attack on pipeline4235systems. So, let's be ready; let's continue to work together; and let's4236make the necessary investments now.4237    Thank you again for the opportunity to speak today. I'm happy to4238answer any questions.4239    Recently, a lot of headlines have been about the so-called Green4240New Deal, which was a proposal put together by Representative4241Alexandria Ocasio-Cortez and Senator Ed Markey. It wasn't quite ready4242for prime-time, and when Senate Majority Leader Mitch McConnell put it4243to a vote in the upper chamber, it failed to receive a single Yes vote.4244    That proposal was, even according to its authors, meant to be4245``aspirational.'' But at PHMSA, we are thinking always about the future4246of energy in America, and we know that the future is happening right4247now, coming at us one second, minute, hour, and day at a time. Dealing4248with that, planning for it, making sure it happens safely, equitably,4249and profitably is not really about ASPIRATION; it is about INSPIRATION4250and PERSPIRATION, about strategic thought and good old-fashioned hard4251work.4252    I'd like to update you all today on what issues we are thinking4253about at PHMSA that might impact your business, and how we're working4254to keep America's energy sector safe and efficient. As a regulatory4255agency, PHMSA is striving to adapt to a rapidly changing landscape in4256the industries we regulate.4257    First, there is the re-emergence of the United States as a global4258leader in energy production. Someday soon, this Nation will be a net4259energy exporter for the first time in almost 70 years. Much of that is4260driven by new technologies in gas and oil production--and the since the4261P in our name stands for Pipelines, PHMSA is very much part of that4262picture. The 2.8 million miles of pipelines that we regulate underpin4263the entire domestic energy picture--and soon they will also need to4264support a growing export market, all while maintaining the highest4265possible standards of safety. We are working hard to adapt to that4266development.4267    The PHMSA adaptation story is not only about greater production and4268transporting products to markets through more pipelines and export4269facilities. The pipeline system is also being asked to do more today4270than in the past, because of the rise power plants fired by Liquid4271Natural Gas.4272    Keeping these plants supplied is causing an unprecedented4273integration of the pipeline system with the power grid--which in turn4274gives rise to a whole new set of regulatory issues related to4275reliability, redundancy, and points of potential vulnerability to4276threats ranging from severe weather events to deliberated physical or4277cyber-based attacks.4278    Before coming to PHMSA a little over a year ago, my background was4279largely focused on the power grid. [INSERT HERE BRIEF SYNOPSIS OF THAT4280BACKGROUND]4281    I mentioned that the pipeline grid is becoming more integrated with4282that power grid--and that is something that I spend some time thinking4283about, because I believe that LNG still has a room to grow considerably4284as a source of electric power, which will affect every power-intensive4285industry in many ways, some a lot more predictable than others.4286    At PHMSA, we are preparing for those changes in the landscape of4287what we regulate. We recently signed an MOU with the Federal Energy4288Regulatory Commission designed to streamline and expedite processes for4289licensing and approval of LNG facilities. Under that agreement, PHMSA4290will certify that planned facilities will meet operational safety4291requirements. The idea is that we can, by providing that technical4292expertise, assist the FERC in these endeavors--because we have reached4293the point where approval of such facilities is often the limiting4294factor in using LNG to make meeting our energy needs safer, more4295reliable, more efficient, and less expensive.4296    The impact to your business of such developments is likely to be4297complicated. LNG has advantages over other forms of energy production.4298It is cleaner than coal or oil, and also safer to transport. It is more4299reliable than wind or solar, which only produce when sun shines and4300wind blows--and battery technology is still too cumbersome for these4301production methods to be without backup systems.4302    The prospects for increased production of LNG, with modern4303techniques, is good; but as infrastructure to support that gets built4304out, there is likely to be more competition for supply. How those4305dynamics shake out in terms of price is difficult to predict; but it is4306likely that a new equilibrium on that question could take some time to4307reach.4308    As LNG integrates more into the power grid, PHMSA has to think4309differently to assess and mitigate risks that attend that. We are4310addressing new questions that the integration points up:43114312   Where are the risk inflection points? (Bottlenecks) If a4313        certain section of pipe supplies a power station on which a4314        large population depends, failure in that section has more risk4315        that might require different safety protocols. In addition to4316        risk of accident, these risks include deliberate sabotage by4317        terrorists or other bad actors. Strategies for mitigating this4318        risk might include hardening of the assets, or installation of4319        redundant pipeline routes through which supply could be quickly4320        diverted.43214322   Who might pose an active, deliberate threat? Assessing the4323        threat of deliberate attack begins with an idea of what4324        individuals or organizations might undertake such a plan, and4325        how they might conceive of sabotage if they did.43264327   How much information is available to potential bad actors?4328        Protecting against deliberate attack is very different from4329        guarding against accidental system failure. For example, PHMSA4330        has long encouraged Voluntary Information Sharing strategies,4331        on the theory that more information known by more people4332        committed to safety will ALWAYS be better. But when considering4333        deliberate attack, every piece of information shared must be4334        assessed for the danger of it falling into the wrong hands.4335        Wider sharing of information inherently undermines operational4336        security regarding potential vulnerabilities.43374338    PHMSA's mission is to protect people and the environment by4339advancing the safe transportation of energy and other hazardous4340materials that are essential to our daily lives. LNG is becoming more4341essential to daily life, and so our thinking about the infrastructure4342that gets it safely to market must evolve.4343    So I'm looking forward to enjoying some questions and answers, and4344to learning more from all of you here about the paper business and its4345exposure to energy markets, and also to other things that PHMSA4346regulates, such as paper-based products that are used for packaging4347various types of hazardous materials for transport. Thanks again for4348the opportunity to be here today.4349                                 ______43504351    In a time of rapid growth and change, Safety is about Imagination4352    EIA (source)--yellow highlight [Paragraphs below are highlighted in4353yellow]4354    The pulp, paper and printing sector accounted for 5.6 percent of4355industrial energy consumption in 2014. Though its share of industrial4356energy use has been in decline since 2000, the sector continues to be4357among the top industrial energy consumers, and can play an important4358role in the transition to a low-carbon energy system.4359    Despite production growth, the sector's energy use must decline by43600.8 percent and direct non-biomass CO2 emissions by 174361percent by 2025 from 2014 levels to meet the 2DS.4362Recent trends4363    Annual production of paper and paperboard has increased by 234364percent since 2000 (FAO, 2016), with growth in demand for household and4365sanitary papers due to rising populations and incomes, and rising4366packaging material needs for shipping of consumer goods. These trends4367have offset reduced demand for printing and writing papers in an4368increasingly digital age. The share of wood pulp in paper production4369has decreased over time, from 52 percent in 2000 to 43 percent in 20144370(FAO, 2016), as rates of waste paper recovery and recycling continue to4371improve.4372    Fossil fuels, which are primarily used for onsite utilities,4373accounted for 42 percent of total energy consumption in 2014.4374Decarbonising these utilities by switching to lower-carbon fuels could4375have an important impact.4376    Pulp and paper production has a high share of biomass in its energy4377consumption, due to the use of by-products. For each tonne of kraft4378process pulp,\3\ an estimated 19 gigajoules (GJ) of black liquor is4379produced, which can be used for steam and electricity generation.4380Sawdust, wood chips and other wood residues (called ``hog fuel'') are4381also generally burned on site. An estimated 0.7 GJ to 3.0 GJ of hog4382fuel is produced per tonne of wood pulp.4383Tracking progress4384    The sector's energy use has grown only 1 percent since 2000,4385despite a 23 percent increase in paper and paperboard production, which4386points to a decoupling of growth in energy use and production. However,4387structural effects, such as shifts in product mix or regions of4388production, can also influence energy use, and data quality issues make4389it difficult to draw concrete conclusions about the energy intensity4390trends.4391    Recovery and recycling of waste paper have steadily been4392increasing. The utilisation of recovered paper in the total fibre4393furnish grew to 55.3 percent in 2014, up from 44.3 percent in 2000 and439433.9 percent in 1990. This trend is envisioned to continue, growing to439557.6 percent in the 2DS by 2025.4396    Research on innovative processes for pulp and paper manufacturing4397has continued to identify opportunities for decarbonisation. The4398Confederation of European Paper Industries (CEPI), for example, led an4399initiative called the Two Team Project, which brought together4400researchers to identify the most promising breakthrough technologies4401for decarbonisation, in an example of collaborative and open R&D. New4402concepts identified through this project will require additional4403research and funding to bring to scale.4404    Tracking of energy efficiency improvements in pulp and paper4405manufacturing is difficult, because publicly available data on4406production, capacity and energy use are limited. Additionally, some4407countries do not report biomass use for the pulp and paper sector,4408which makes it difficult to get an accurate picture of the sector's4409energy needs.4410Recommended actions4411    Through 2025, the sector should continue to focus on improving4412energy efficiency, moving towards BAT-level performance and increased4413recycling, while also supporting R&D efforts to develop future4414processes and technologies.4415    In the longer term, the sector can also contribute to sustainable4416energy supply, for example, by feeding excess heat and electricity into4417the grid. The concept of pulp mills as integrated bio-refineries that4418produce low-carbon energy commodities, including biofuels for4419transport, from black liquor alongside their pulping activities is4420gaining traction, and several pilot projects are under way. The sector4421also has the opportunity to contribute some negative emissions by4422capturing biogenic CO2 emissions. Similarly, new4423applications for pulp and paper products may contribute to product4424life-cycle CO2 emissions reductions, for example, through4425improved packaging or fibre-based textiles. Private- and public-sector4426stakeholders should collaborate to ensure the necessary framework of4427incentives is put in place to encourage such strategic and systemic4428thinking.4429                                 ______44304431Source: ``Green America's Better Paper Project''--green highlight4432        [Paragraphs below are highlighted in green]4433    The pulp, paper and printing sector accounted for 5.6 percent of4434industrial energy consumption in 2014. Though its share of industrial4435energy use has been in decline since 2000, the sector continues to be4436among the top industrial energy consumers, and can play an important4437role in the transition to a low-carbon energy system. Despite4438production growth, the sector's energy use must decline by 0.8 percent4439and direct non-biomass CO2 emissions by 17 percent by 2025 from 20144440levels to meet the 2DS.4441Recent trends4442    Annual production of paper and paperboard has increased by 234443percent since 2000 (FAO, 2016), with growth in demand for household and4444sanitary papers due to rising populations and incomes, and rising4445packaging material needs for shipping of consumer goods. These trends4446have offset reduced demand for printing and writing papers in an4447increasingly digital age. The share of wood pulp in paper production4448has decreased over time, from 52 percent in 2000 to 43 percent in 20144449(FAO, 2016), as rates of waste paper recovery and recycling continue to4450improve.4451    Fossil fuels, which are primarily used for onsite utilities,4452accounted for 42 percent of total energy consumption in 2014.4453Decarbonising these utilities by switching to lower-carbon fuels could4454have an important impact.4455    Pulp and paper production has a high share of biomass in its energy4456consumption, due to the use of by-products. For each tonne of kraft4457process pulp,\3\ an estimated 19 gigajoules (GJ) of black liquor is4458produced, which can be used for steam and electricity generation.4459Sawdust, wood chips and other wood residues (called ``hog fuel'') are4460also generally burned on site. An estimated 0.7 GJ to 3.0 GJ of hog4461fuel is produced per tonne of wood pulp.4462Tracking progress4463    The sector's energy use has grown only 1 percent since 2000,4464despite a 23 percent increase in paper and paperboard production, which4465points to a decoupling of growth in energy use and production. However,4466structural effects, such as shifts in product mix or regions of4467production, can also influence energy use, and data quality issues make4468it difficult to draw concrete conclusions about the energy intensity4469trends.4470    Recovery and recycling of waste paper have steadily been4471increasing. The utilisation of recovered paper in the total fibre4472furnish grew to 55.3 percent in 2014, up from 44.3 percent in 2000 and447333.9 percent in 1990. This trend is envisioned to continue, growing to447457.6 percent in the 2DS by 2025.4475    Research on innovative processes for pulp and paper manufacturing4476has continued to identify opportunities for decarbonisation. The4477Confederation of European Paper Industries (CEPI), for example, led an4478initiative called the Two Team Project, which brought together4479researchers to identify the most promising breakthrough technologies4480for decarbonisation, in an example of collaborative and open R&D. New4481concepts identified through this project will require additional4482research and funding to bring to scale.4483    Tracking of energy efficiency improvements in pulp and paper4484manufacturing is difficult, because publicly available data on4485production, capacity and energy use are limited. Additionally, some4486countries do not report biomass use for the pulp and paper sector,4487which makes it difficult to get an accurate picture of the sector's4488energy needs.4489Recommended actions4490    Through 2025, the sector should continue to focus on improving4491energy efficiency, moving towards BAT-level performance and increased4492recycling, while also supporting R&D efforts to develop future4493processes and technologies.4494    In the longer term, the sector can also contribute to sustainable4495energy supply, for example, by feeding excess heat and electricity into4496the grid. The concept of pulp mills as integrated bio-refineries that4497produce low-carbon energy commodities, including biofuels for4498transport, from black liquor alongside their pulping activities is4499gaining traction, and several pilot projects are under way. The sector4500also has the opportunity to contribute some negative emissions by4501capturing biogenic CO2 emissions. Similarly, new4502applications for pulp and paper products may contribute to product4503life-cycle CO2 emissions reductions, for example, through4504improved packaging or fibre-based textiles. Private- and public-sector4505stakeholders should collaborate to ensure the necessary framework of4506incentives is put in place to encourage such strategic and systemic4507thinking.4508                                 ______45094510[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]4511                                 ______45124513    Remarks of Paul Roberti, Chief Counsel, Pipeline and Hazardous4514   Materials Safety Administration To the 41st Annual Conference and4515           Exposition of the Dangerous Goods Advisory Council4516                          Baltimore, Maryland4517                            October 30, 201945184519[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]45204521    Good morning, and thank you for inviting me here today. It is a4522pleasure to be among this group of dedicated professionals, who all4523contribute to the excellent safety record of hazardous materials4524transportation in America.4525    I've been at PHMSA for just over a year and a half, but my4526experience with regulated industries goes back more years than I like4527to admit. Since coming to PHMSA, I have been impressed with the4528tireless commitment to safety that I have seen across an enormous4529number of companies and organizations, including the Dangerous Goods4530Advisory Council.4531    As PHMSA's Chief Counsel, I oversee four divisions of attorneys--4532two focused on the laws surrounding pipeline safety and hazardous4533materials, one dealing with regulatory affairs, and another division4534that provides the agency with general legal advice and representation.4535    PHMSA is a small agency with a lot of responsibility. America is4536home to 2.8 million miles of pipelines, enough to wrap around the Earth4537110 times. On the HazMat side, PHMSA regulates shipments of hazardous4538materials--1.2 million of them every day. That works out to about 144539shipments per second.4540    So, we keep busy. The context of PHMSA's work touches a lot of4541important industries, vital to the economic health of the country. A4542large and rapidly growing number of things are powered by lithium4543batteries, as you all know; the healthcare industry depends on timely4544and safe shipments of radio-pharmaceuticals; and of course, the booming4545business of energy production is an engine that is powering economic4546growth throughout every sector of the economy.45474548[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]45494550    All of this activity is the object of PHMSA's mission--which,4551formally stated, is to protect people and the environment by advancing4552the safe transportation of energy and other hazardous materials that4553are essential to our daily lives.4554    We begin to meet that mission by setting the rules for pipeline4555operation and hazardous materials transportation. I have been involved4556in regulated, energy-related industries for longer than I admit in4557public, and I am committed to getting the hard work of regulation done4558right--in a way that ensures better safety outcomes, and also enables4559the regulated industries to thrive.4560    At the end of September, PHMSA transmitted to the Federal register4561three final rules, all of which closed long-standing Congressional4562mandates, in a single day. It was a remarkable achievement. In my4563experience, such an achievement by a government agency is usually4564associated with pigs flying, or hell freezing over.45654566[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]45674568    So we are holding up our end on the regulatory side. But our4569Administrator, Skip Elliott, is a self-admitted safety zealot, and he4570often points out that PHMSA's regulatory activities are unlikely to4571deliver everything we seek, which is to get to zero safety incidents.4572Regulation is the core of our mission. Regulations that define minimum4573standards are important, but even if they are perfectly conceived and4574flawlessly enforced regulations, they alone will not bring us to our4575goal of zero incidents.4576    I know this audience is full of people with both a desire to4577maximize safety and a great deal of expertise to contribute to that4578effort. Constant vigilance and diligence by millions of individuals,4579including everyone in this room, in necessary to ensure the each4580component of the supply chain operates safely. One message I want to4581leave you with is that now is not time to let off the gas pedal in that4582pursuit.4583Regulatory Reform4584    PHMSA, like every other Federal regulatory agency today, is4585pursuing an agenda of regulatory reform designed to make a growing body4586of regulations more efficient and responsive to changes in the4587industries that they regulate.4588Enforcement4589    A great deal of my time as Chief Counsel is spent focused on4590enforcement of the rules. When violations are identified, my office has4591the task of ensuring, through due diligence and due process, that4592appropriate penalties are assessed.4593    That function has a lot in common with many other things that4594government does. In my years observing and participating in regulated4595industries, I know that one of the things that businesses and their4596stakeholders want most from government is predictability, transparency4597and efficiency. These words coalesce to form something that is very4598important to the industry--regulatory certainty. Good government means4599that as public servants, we need to provide regulatory certainty so4600that the many, many decisions that business leaders must make are not4601compromised by regulatory surprises.4602    In the last year, the Department of Transportation issued 34603significant orders to guide its 8 operating administrations including4604PHMSA, with regard to rulemaking, use of guidance, and enforcement4605procedures. Most of the changes are common sense measures to ensure4606fairness, transparency and to guarantee notice and public input before4607adopting regulatory measures that increase burdens or costs on4608industry. In the context of enforcement, the changes are intended to4609promote fairness and due process. Most are common sense and resemble4610the notion of good government.46114612[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46134614    Within PHMSA, we took it one step further by embarking on a program4615of Process Improvement Initiatives, or PIIs, designed to identify ways4616that the agency can perform its own work more efficiently, or in ways4617that will contribute to more positive safety outcomes. One of those4618recently completed focused specifically on what happens after an4619inspection identifies a problem. PHMSA informs the operator with an4620NOPV--A Notice Of Probable Violation.4621    Right now, the process of follow-through on these NOPVs is far4622slower than it should be if we are to have hope of enforcement having a4623meaningful effect on behavior. When an operator contests the finding4624and requests a hearing, the time to a final order is almost two full4625years. Even uncontested violations take almost nine months to process.46264627[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46284629    Such a lengthy separation between identification of a problem and4630the penalty or remediation simply makes no sense. No jurisdiction in4631America gives you nine months to pay a speeding ticket--partly because4632if they did, the compliance rate would go down, and the prospect of4633tickets actually deterring people from speeding would go down even4634further.46354636[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46374638    Now, pipeline violations can be a lot more technical and4639complicated than speeding tickets--but the point remains that too much4640delay undermines the purpose of inspections and NOPVs, which is to4641encourage operators to work diligently to avoid compliance issues in4642the first place.46434644[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46454646    The PII task force in this case drafted a plan that will cut these4647lag times by 50 to 70 percent. It consists of assigning timeframes for4648each step of the process, and holding reviewers accountable to that4649schedule. I am looking forward to the implementation of this plan, and4650to the greater accountability and efficiency that it promises. That4651implementation is already mapped out with specific dates for various4652stages of the process.46534654[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46554656    In other areas of PHMSA, I advise on legislation. Our pipeline re-4657authorization bill is under consideration on Capitol Hill. I wish I had4658more to report to you there. I know that the bill that we offered was a4659good one; but I also know that in the current political atmosphere,4660anything related to energy is destined to cause some partisan4661wrangling. We will just have to see where that process leads.4662    I also had the opportunity to work on a Memorandum of Understanding4663with the Federal Energy Regulatory Commission, which has greatly4664improved the permitting process for new Liquefied Natural Gas (LNG)4665facilities. The MOU taps the expertise of PHMSA personnel for4666certifying the safety aspects of these facilities, and in about a year4667it has already resulted in 13 Letters of Determination necessary for4668the development to proceed.46694670[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46714672    We are not done yet. As this slide shows, there are already five4673more sites, three in Louisiana and two in Alaska, on which PHMSA has4674begun its work toward ensuring that permits are appropriate. Natural4675gas is a large component of the resurgence of American energy4676production, and transportation infrastructure has begun to be a4677limiting factor on that encouraging economic development. The resource4678also sometimes displaces energy usage of coal, and it burns much more4679cleanly, so from that perspective it is also an environmental4680improvement.46814682[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]46834684    I'd like to say a few things about the importance of natural gas to4685the future of American economic and national security. America has4686returned to the status of a net energy exporter, which is a very4687positive development for both our economic well-being and for our4688national security. PHMSA is proud to be part of that, and happy to lend4689its expertise to the FERC to ensure that it continues.4690    Speaking of LNG, PHMSA has worked hard to implement the elements of4691President Donald Trump's Executive Order, issued on April 10, 2019,4692calling for a rulemaking that would treat LNG the same as other4693cryogenic liquids, and permit it to be transported in approved rail4694tank cars. Such transportation is necessary for LNG to reach both4695domestic markets and export facilities--which benefits both the economy4696and the environment, as clean-burning natural gas replaces more carbon-4697intensive energy sources.4698    Thank you.4699                                 ______47004701[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]4702                                 ______47034704[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]4705                                 ______47064707                         THE ESSENTIAL ROLE OF4708                  STATE ENGAGEMENT IN DEMAND RESPONSE47094710         Anne Hoskins* and Paul Roberti**4711---------------------------------------------------------------------------47124713    \*\ Commissioner, Maryland Public Service Commission.4714    \**\ Commissioner, Rhode Island Public Utilities Commission.4715    This Article reflects the authors' personal views and is not4716intended to represent the views of their respective Commissions. Arnell4717Limberry and Todd Bianco provided legal and regulatory research and4718support in developing this article.4719---------------------------------------------------------------------------4720                              Introduction4721    In writing the majority opinion for the United States Supreme Court4722in Federal Energy Regulatory Commission v. Electric Power Supply Ass'n4723(``EPSA''),\1\ Justice Elena Kagan reaffirmed ``cooperative4724federalism'' as an essential mechanism for competitive electricity4725markets in the 21st century.\2\ With technological advancements4726providing opportunities for cleaner and less costly electricity4727production and use, there is no bright line preventing state utility4728commissions and the Federal Energy Regulatory Commission (``FERC'')4729from working in concert to advance a more efficient electricity system.4730---------------------------------------------------------------------------4731    \1\ 136 S. Ct. 760 (2016).4732    \2\ Id. at 780.4733---------------------------------------------------------------------------4734    As Justice Kagan explained, ``The [Federal Power] Act makes Federal4735and state powers `complementary' and `comprehensive,' '' so that4736``there [will] be no `gaps' for private interests to subvert the public4737welfare.'' \3\ However, she also recognized that the statutory4738divisions of power between FERC and states generate ``a steady flow of4739jurisdictional disputes because--in point of fact if not of law--the4740wholesale and retail markets in electricity are inextricably linked.''4741\4\4742---------------------------------------------------------------------------4743    \3\ Id. (citing Fed. Power Comm'n. v. La. Power & Light Co., 4064744U.S. 621, 631).4745    \4\ Id. at 766.4746---------------------------------------------------------------------------4747    The EPSA decision is a defining moment in evolution of competitive4748electric markets. It reinforces FERC's authority to ensure that any4749reliance on markets as a substitute for traditional cost-of-service4750regulation should employ market designs that promote greater4751participation in the wholesale marketplace, regardless of whether the4752participation takes the form of electricity production or4753alternatively, a practice like demand response (``DR''). As the4754decision illustrates, DR is a product that can provide value in both4755capacity and energy markets, and at both the wholesale and retail4756levels. It can bolster reliability and lower costs for consumers. While4757FERC Order 745 specifically addressed the role and compensation of DR4758in wholesale energy markets,\5\ it had significant implications for4759capacity markets.\6\ To understand the impact of the EPSA decision, one4760must consider DR's origin and the role it has played in serving4761consumers.4762---------------------------------------------------------------------------4763    \5\ See generally Demand Response Compensation in Organized4764Wholesale Energy Markets, Order No. 745, 134 FERC4765 61,187 (Mar. 15,47662011).4767    \6\ See Amended Complaint of FirstEnergy Service at 9-10,4768FirstEnergy Serv. Co. v. PJM Interconnection, LLC (FERC 2011) (No.4769EL14-55-000).4770---------------------------------------------------------------------------4771               I. Why Is Demand Response So Significant?4772    Understanding the physical characteristics of electricity helps to4773explain DR's origin in the electric industry. Electricity is unlike any4774other commodity; electrical energy travels at rates approaching the4775speed of light and its production must closely match consumer demand,4776which is constantly changing from moment to moment. As a result, the4777interconnected system of high-voltage power lines requires near4778instantaneous balancing of supply and demand, or else the voltage of4779the system can collapse and not only cause blackouts, but also do4780damage to generators and to consumers' energy-using equipment. DR4781resources are ``dispatchable'' and controllable resources, whereby4782consumers agree to reduce their demand when needed in exchange for4783compensation. Given the potentially dire consequences of a supply4784shortage during periods of high demand, it is easy to understand the4785strategic value of decreasing demand deliberately in order to maintain4786reliability.\7\4787---------------------------------------------------------------------------4788    \7\ See Order Conditionally Accepting Changes to NEPOOL Market Rule47891, 106 FERC4790 61,190 (Feb. 27, 2004); Letter from David T. Doot,4791Counsel, New England Power Pool to Magalie Roman Salas, Secretary, FERC4792(Dec. 23, 2003), https://perma.cc/ CNM7-P6FP.4793---------------------------------------------------------------------------4794    In ISO New England, DR came into existence in an effort to provide4795short term solutions to serious reliability problems in the southwest4796Connecticut region, where load was high, generation was inadequate, and4797transmission solutions remained years away.\8\ In December 2003, ISO4798New England conducted a competitive solicitation to find solutions, and4799the most cost-effective and reliable solutions were DR resources. The4800performance of the DR resources, coupled with ISO New England's growing4801confidence in using DR for addressing reliability challenges, marked4802the birth of large-scale DR in New England.4803---------------------------------------------------------------------------4804    \8\ See Order Conditionally Accepting Changes to NEPOOL Market Rule48051, 106 FERC4806 61,190 (Feb. 27, 2004); Letter from David T. Doot,4807Counsel, New England Power Pool to Magalie Roman Salas, Secretary, FERC4808(Dec. 23, 2003), https://perma.cc/ CNM7-P6FP.4809---------------------------------------------------------------------------4810    Today, DR competes for market share as a capacity resource in ISO4811New England's Forward Capacity Market and in PJM's Reliability Pricing4812Model capacity market. Both capacity markets procure resources three4813years in advance of deployment. DR resources receive capacity market4814payments during a designated capacity year because they are available4815to be reduced and can be used as a control room resource. If they are4816called to perform, the DR resources must reduce demand commensurate4817with the amounts cleared in the market. As a capacity resource, the4818number of hours a year that DR resources are activated has been few,4819but their operational value is significant. DR allows system operators4820to quickly replenish reserves to maintain system reliability and avoid4821North American Electric Reliability Corporation (``NERC'') violations,4822and in direr situations, can assist in preventing blackouts. DR has4823proven to be an effective resource in maintaining system reliability.4824                        II. Action at the States4825    The Supreme Court's affirmation of DR in wholesale markets4826highlights the importance of effective and nimble regulation at both4827the state and Federal levels. State commissions set retail rates,4828adjudicate consumer complaints, and hold distribution utilities4829accountable if the lights go out and remain out for too long. DR is a4830critical tool in our regulatory toolbox to protect the public interest.4831The D.C. Circuit's ruling\9\ vacating FERC Order 745 threatened to4832disable this tool, with serious implications for consumers as well as4833DR suppliers. While PJM and the PJM Market Monitor proposed alternative4834``demand-side'' options that may have allowed a continued role for DR4835in the wholesale markets, it would have required additional action by4836states and load-serving entities and there was no certainty that this4837approach would work as effectively as maintaining DR on the supply4838side.\10\4839---------------------------------------------------------------------------4840    \9\ EPSA v. FERC, 753 F.3d 216 (D.C. Cir. 2014).4841    \10\ Order Rejecting Tariff Revisions 150 FERC4842 61,251 para. 324843(2015) (``Moreover, we are concerned that PJM's proposal introduces4844uncertainties that may exceed those it seeks to avoid, particularly4845with respect to potential unanticipated spillover effects on state4846programs and private sector arrangements. We find that, on balance,4847PJM's filing is premature and therefore reject it.'').4848---------------------------------------------------------------------------4849    In the post-EPSA world, there is no longer any lingering4850uncertainty about the dual rights of FERC and the states to continue to4851develop policies that encourage DR. At the retail level, many states4852are pursuing policies that leverage wholesale markets to optimize the4853societal value of DR. For instance, in Maryland, the Public Service4854Commission (``MDPSC'') approved utility DR offerings as part of its4855EmPOWER program, seeking to achieve a fifteen percent reduction in4856demand between 2008 and 2015.\11\ Since 2009, Maryland utilities4857collectively achieved 1,743 MW of demand reduction through EmPOWER4858programs, serving to offset critical summer and winter peak loads.\12\4859---------------------------------------------------------------------------4860    \11\ Pub. Serv. Comm'ns of Md., The EmPOWER Maryland Energy4861Efficiency Act Standard Report of 2014, 1 (2014) (noting the EmPOWER4862Maryland Act's declared a state goal of achieving a 15 percent4863reduction of both per capita energy consumption and per capita peak4864demand by 2015).4865    \12\ In the Matter of Potomac Edison Co., 323 P.U.R.4th 239 (2015).4866---------------------------------------------------------------------------4867    Maryland authorizes its state-regulated utilities to sell4868aggregated DR commitments into FERC-regulated wholesale markets and use4869the proceeds to help finance incentives for participating customers.4870Had the D.C. Circuit decision stood, a considerable amount of DR4871resources would have been at risk, reducing the revenues earned from4872the PJM capacity market.\13\ Those revenues annually defray up to $66.54873million in costs, covering twenty-eight percent of the program4874costs.\14\ The EPSA decision enables Maryland to continue to maximize4875the positive economic and societal effects of its DR programs by4876participating in the wholesale markets.4877---------------------------------------------------------------------------4878    \13\ Brief for Guarini Center on Environmental, Energy and Land Use4879Law at New York University School of Law as Amicus Curiae Supporting4880Petitioners, FERC v. EPSA, 136 S.Ct. 760 (2015) (Nos. 14-840, 14-841)4881(citing Letter from Martin O'Malley, Governor of Maryland, to Jon4882Wellinghoff, Chairman, FERC Docket No. RM10-17-000 (May 12, 2010)).4883    \14\ Protest of Md. Pub. Serv. Comm'n at 4, FERC Docket No. ER15-4884852-000 (Feb. 13, 2015).4885---------------------------------------------------------------------------4886    Maryland utilities have used their EmPOWER DR programs to improve4887reliability during peak use times, with DR playing a critical role in4888the PJM market during the ``Polar Vortex'' of 2014. On January 21,48892014, BGE and Pepco service territories lost 1,783 MW of generation4890capacity.\15\ On the next day, PJM called and received ninety-eight4891percent of the expected DR resources in those service territories.\16\4892Through this cooperative funding and regulatory mechanism, Maryland,4893PJM, and FERC protected and advanced the public interest.4894---------------------------------------------------------------------------4895    \15\ PJM Interconnection, Analysis of Operation Events and Market4896Impacts During the January 2014 Cold Weather Events 35 (2014).4897    \16\ Id. at 38 (Figure 25).4898---------------------------------------------------------------------------4899    Rhode Island is harnessing DR to complement local efforts aimed at4900deferring distribution upgrades and eliminating local constraints. The4901Rhode Island Commission approved National Grid's 2015-2017 Energy4902Efficiency and System Reliability Procurement Plan, under which4903National Grid will further incorporate ``non-wires alternatives''4904including DR in its transmission and distribution planning process. A4905pilot is testing whether DR can help manage local distribution capacity4906requirements during peak periods.\17\ DR can increase the cost-4907effectiveness of those programs, while reducing long term peak demand.4908---------------------------------------------------------------------------4909    \17\ FERC Assessment of Demand Response & Advanced Metering Staff4910Report 27 (2015) (citing Rhode Island Public Utility Commission, In Re:4911The Narragansett Electric Company d/b/a National Grid's 2015-20174912Energy Efficiency and System Reliability Procurement Plan, Order No.491321781, Docket No. 4522 (Dec 19, 2014)).4914---------------------------------------------------------------------------4915    Post-EPSA, states have a range of options to further DR's growth.4916Where deployed, smart meters can enable customers to monitor their time4917of electricity use and change their usage patterns, particularly in4918response to real-time price signals. Maryland authorized smart meter4919deployments for four utilities beginning in 2010.\18\ FERC noted in its4920December 2015 Demand Response & Advanced Metering Staff Report that4921``8.7 million advanced meters were installed and operational between49222012 and 2013, resulting in advanced meters representing almost 384923percent of all meters in the United States.'' \19\ With growing access4924to data about electricity usage, data analytics offer the potential to4925spur more DR at both the retail and wholesale levels.4926---------------------------------------------------------------------------4927    \18\ In the Matter of Baltimore Gas and Electric Company For4928Authorization To Deploy A Smart Grid Initiative And To Establish A4929Surcharge For The Recovery Of Cost, 283 P.U.R.4th 165 (2010).4930    \19\ See FERC Assessment, supra note 17, at 1.4931---------------------------------------------------------------------------4932    Except for the largest customers, however, barriers to robust DR4933participation still exist. Where smart meters have been deployed, there4934is often resistance to employing dynamic pricing at the retail level.4935Wholesale prices emanating from energy markets that fluctuate day-to-4936day and hour-by-hour are not usually synchronous with the rates set by4937state regulators, which for many customers are fixed for long intervals4938(typically six months) in order to promote rate stability. Dampened4939price signals make it harder to promote load reductions that could be4940monetized at either the retail or the wholesale level. However, these4941barriers would have stood higher had the Supreme Court ruled against4942the ability for DR to be sold as a resource into wholesale markets.4943       III. Continuing DR Challenges Call for Cooperative Action4944    Notwithstanding the EPSA decision, DR is facing headwinds at the4945wholesale level due to capacity market rule changes that were approved4946by FERC in 2015.\20\ The New England region suffered tremendous price4947volatility during the winters of 2013-14 when natural gas pipeline4948capacity into the region was constrained\21\ and gas-fired generators4949could not perform during peak demand periods, despite some resources4950presumably having received capacity payments in exchange for the4951obligation to perform when needed.\22\ Electric energy costs increased4952approximately $3.8 billion across the region over the two-year period4953from 2012 to 2014.\23\ This experience supported changes in the4954capacity market design called ``Pay-for-Performance'' in New4955England.\24\ Similarly, the Polar Vortex gave rise to a PJM proposal4956called ``Capacity Performance'' (``CP'') that adjusts the compensation4957of resources to reflect their overall availability throughout all hours4958of the year, rather than just their seasonal capability.\25\4959---------------------------------------------------------------------------4960    \20\ PJM Interconnection, LLC et. al, Order on Proposed Tariff4961Revisions, 151 FERC4962 61,208 para. 22 (Jun. 9, 2015).4963    \21\ See generally Press Release, ISO New England, 2013 Wholesale4964Electricity Prices in New England Rose on Higher Natural Gas Price4965(Mar. 18, 2014), https://perma.cc/ TH9G-H27X.4966    \22\ In filing for its proposed Pay-for-Performance changes to the4967FCM, ISO-NE presented expert testimony documenting $647 million in4968Capacity Payments paid between June 2010 to November 2013 to a group of4969resources representing fifteen percent of the Net Installed Capacity4970requirement for the 2013/2014 commitment period. The resources4971provided, on average, only seventeen percent of their Capacity Supply4972Obligation during scarcity conditions during the period. The problem4973could have been mitigated, but unlikely eliminated, by the 2013/20144974Winter Reliability Program. See Testimony of Matthew White on Behalf of4975ISO New England, Inc. at 23-24, Order on Tariff Filing and Instituting4976Section 206 Proceeding, FERC Docket No. ER14-1050-000 (Jan. 17, 2014),4977https://perma.cc/ E6ZK-9JVU.4978    \23\ ISO New England, 2016 Regional Electricity Outlook 22 (2016),4979https://perma.cc/ B8FP-JLAS.4980    \24\ See Letter from Maria Gulluni, Deputy General Counsel, ISO New4981England, Inc., & Eric K. Runge, New England Power Pool Participants4982Committee, to Kimberly D. Bose, Secretary, FERC (Feb. 29, 2016),4983https://perma.cc/ B7CU-J34N.4984    \25\ PJM Interconnection, PJM Capacity Performance Proposal 8-104985(2014).4986---------------------------------------------------------------------------4987    Under the New England market rule changes, which take effect in49882018, all market participants will need to monitor system conditions4989and make every effort to perform by providing energy or reserves4990whenever scarcity conditions arise. Otherwise, their capacity market4991compensation will be clawed back and reallocated to those resources4992that performed when needed.\26\ Similarly, PJM's CP mechanism defines4993capacity as an annual concept and penalties can be assessed for4994nonperformance during any hour of the year.\27\ Since a significant4995portion of DR relies on controlling cooling load, those types of loads4996cannot perform well outside of the summer. By 2020 when CP is fully4997implemented, this could have serious implications for the quantity of4998DR offered into the capacity markets.4999---------------------------------------------------------------------------5000    \26\ Letter from Jennifer Wolfson, Regulatory Counsel, ISO New5001England, Inc., to Kimberly D. Bose, Secretary, FERC (Nov. 3, 2014),5002https://perma.cc/ W2HT-DTAY.5003    \27\ PJM Interconnection, PJM Capacity Performance Proposal 265004(2014).5005---------------------------------------------------------------------------5006    The market rules allow seasonal resources to form an aggregated5007offer so as to provide year-round capability but it is not yet clear5008how useful the aggregation option will be. For example, the excess5009winter capability of an energy efficiency program consisting of5010lighting measures can combine with the summer capability of a DR5011program consisting of air conditioning control to provide an amount of5012capacity year-round. In New England's most recent Forward Capacity5013Market auction, a total of 2,746 MW of demand resources cleared as5014capacity resources. Of that amount, 371 MW were new resources.\28\ Most5015of the existing and new resources comprise energy efficiency and other5016``passive demand resources,'' which can meet the assigned capacity5017obligation during all hours of the year.\29\5018---------------------------------------------------------------------------5019    \28\ See generally Press Release, ISO New England, Finalized5020Capacity Auction Results Confirm 10th FCA Procured Sufficient5021Resources, at a Lower Price, for 2019-2020 (Feb. 29, 2016), https://5022perma.cc/ 3DLD-EBRX.5023    \29\ See generally Letter from Kevin Flynn, Senior Regulatory5024Counsel, ISO New England, Inc., to Kimberly D. Bose, Secretary, FERC5025(Feb. 29, 2016), https://perma.cc/ MBS3-268E; Mariah Winkler,5026Supervisor, Technical Studies, ISO New England, Inc., Presentation at5027NEPOOL Reliability Committee Meeting: Forward Capacity Auction #10 (FCA5028#10)--2019/2020 Capacity Commitment Period Results Summary & Trends 65029(Mar. 23, 2016), https://perma.cc/ TXH8-RKLS.5030---------------------------------------------------------------------------5031    In approving PJM's CP proposal to phase out existing limited and5032extended summer DR programs and accept only annual commitments from DR5033providers, FERC noted that ``the vast majority of Demand Resources are5034available to PJM during the summer peak season only, with Limited5035Demand Response available for 10 days and for a maximum of 6 hours a5036day.'' \30\ The statement reflects the quandary that RTOs face with5037respect to market design. A capacity resource is needed whenever there5038is a shortage or scarcity condition, which can occur at different times5039of the day and year. Given the same economic availability, a year-round5040resource is more useful and valuable to the system than a limited5041resource because it has greater technical availability. However, we5042know from our experience with the Polar Vortex that DR with limited5043availability can be highly valuable as well.5044---------------------------------------------------------------------------5045    \30\ PJM Interconnection, LLC et. al, Order on Proposed Tariff5046Revisions, 151 FERC5047 61,208 para. 43 (Jun. 9, 2015).5048---------------------------------------------------------------------------5049    Indeed, it was primarily the non-performance of traditional5050capacity resources during cold and warm weather operations--generators5051that were expected to be available year-round--that exposed the need5052for capacity market changes in New England and PJM.\31\ Moreover, the5053U.S. Department of Energy reports multiple shutdowns, curtailments, and5054requests for special operations due to over-warm cooling water5055temperatures, and notes such events could have an increased impact5056resulting from global climate change.\32\ The recognized economic value5057of a capacity resource to the system does not account for environmental5058or societal costs and benefits that may align with other state and5059Federal policies. The challenge facing the RTOs/ISOs and Federal and5060state regulators is how to value DR accurately so it remains a market5061resource.5062---------------------------------------------------------------------------5063    \31\ For example, ISO New England Whitepaper explains three5064concerns motivating the creation of forward capacity markets pay-for5065performance incentives. The second concern enumerated is the increasing5066reliance on natural gas-fired generation and the ``just in time''5067nature of natural gas delivery, which can lead to operating day5068inadequacies. ISO New England, FCM Performance Incentives 2 (2012),5069https://perma.cc/ 9ECB-X6QL.5070    \32\ See U.S. Dep't of Energy, U.S. Energy Sector Vulnerabilities5071to Climate Change and Extreme Weather 2 (2013), https://perma.cc/ N3FR-5072FF9Q.5073---------------------------------------------------------------------------5074    While FERC initially rejected arguments from states and consumer5075organizations about the importance of retaining DR as a capacity5076resource,\33\ PJM is now supporting a ``problem statement'' which could5077lead to the establishment of two capacity products--a summer product5078and a winter product, which would allow summer load to get some value5079from winter load control as a capacity resource.\34\ Environmental5080organizations and DR providers are urging FERC to reconsider its5081approval of the CP tariff and to facilitate a solution that will keep5082DR as an effective tool for improving reliability during summer and5083winter peak periods.\35\5084---------------------------------------------------------------------------5085    \33\ PJM Interconnection, LLC v. PJM, LLC, Order on Proposed Tariff5086Revisions 151 FERC5087 61,208 para. 62 (June 9, 2015) (``Joint Consumers5088and Rockland argue that there are cost savings associated with these5089summer peaking resources and that a mix of resource types, including5090Limited Demand Response, Extended Summer Demand Response, and peaking5091generation resources, is appropriate to meet PJM's expected peak load5092service obligations.'').5093    \34\ PJM Interconnection, PJM Capacity Performance Proposal 8-155094(2014).5095    \35\ Supplement to Rehearing Request of Public Interest5096Organizations at 2, FERC Docket No. ER15-623-000 (July 9, 2015).5097---------------------------------------------------------------------------5098    While the EPSA decision confirms that DR can be compensated in the5099wholesale electric markets, there is still work to be done: DR5100providers can strive to become more available by improving their5101technical and economic capabilities and aggregating resources; and5102FERC, states, RTOs/ISOs and stakeholders can continue to refine the5103market design so that both active and passive demand resources receive5104compensation that fully reflects their value to the system.5105                               Conclusion5106    Some may read Justice Kagan's opinion as an expansion of Federal5107jurisdiction at the expense of state power, but we see it otherwise. As5108National Association of Regulatory Utility Commissioners President5109Travis Kavulla noted after the Court's decision, ``the coordination of5110Federal and state initiatives offers the best way to assure the full5111benefits of demand response are delivered to customers.'' \36\ Through5112cooperative regulation and policy, DR can continue to play a critical5113role in supporting the provision of affordable and reliable electricity5114through our evolving energy markets.5115---------------------------------------------------------------------------5116    \36\ Press Release, Nat'l Ass'n of Regulatory Util. Comm'rs, NARUC5117President Kavulla Reacts to High Court's Ruling in Landmark Demand-5118Response Case (Jan. 25, 2016).5119---------------------------------------------------------------------------5120                                 ______51215122        National Association of Regulatory Utility Commissioners5123                            Committee on Gas5124                          Scottsdale, Arizona5125                             July 16, 20185126NARUC Role5127   I want to thank you for your efforts--as you know, your work5128        ensures that the vast majority of pipelines in our Nation5129        operate safely. Not only that, but many of you are proactive in5130        going above and beyond our minimum Federal safety requirements5131        to address your state-specific pipeline safety needs.5132Infrastructure and Damage Prevention5133   Thanks to your efforts, we've seen the number of states with5134        some form of accelerated infrastructure cost recovery program5135        rise to 41.51365137   21 states have eliminated cast or wrought iron in their5138        natural gas distribution systems.51395140   Because damage to pipelines during excavation is a leading5141        cause of serious pipeline incidents involving fatality or5142        injury, the promotion of 8-1-1 is a top priority for PHMSA.51435144   August 11--811 Day--is coming up and I know we will have5145        many exciting outreach activities.51465147   Data shows that States with effective enforcement of their5148        One Call law have lower damage rates and improved safety, and5149        that more 811 exemptions lead to more incidents.51505151   We need your help to take a look at the State level to5152        bolster the enforcement of damage prevention laws and reduce5153        811 exemptions.5154PHMSA Support5155   We also provide training, guidance, and oversight to state5156        programs:51575158     Our Training & Qualifications Center provides state5159            pipeline inspectors with the Nation's only specialized5160            training for understanding and applying Federal pipeline5161            safety regulations and standards incorporated by reference.51625163     Our training includes in-depth classroom training and5164            expanded outdoor/lab areas to provide inspectors with5165            hands-on opportunities to experience actual field5166            scenarios.51675168     In addition to hands-on training, TQ offers5169            comprehensive online training modules to keep inspectors5170            current on provisions of new and revised regulations,5171            national consensus standards, interpretations, relevant5172            research and development, and noteworthy practices.51735174     TQ continues to revamp and update curriculum,5175            including rolling out new curriculum for Underground Gas5176            Storage facilities.51775178   PHMSA also has an active mentoring program for state5179        inspectors. In the last 2 years, 31 State Inspectors have taken5180        advantage of the program encompassing approximately 1905181        mentoring hours. PHMSA continues to encourage states to5182        participate in our mentoring program to improve inspector5183        skillsets through observing peers conduct inspections and5184        benefitting from feedback from experienced inspectors.51855186   All in all, our PHMSA employees spent well over 7600 hours5187        last year working directly with state pipeline safety programs5188        supporting pipeline safety.5189Regulatory Review and Updates5190   One of my goals at PHMSA is to make our rulemaking process5191        move more quickly and efficiently.51925193   We appreciate NARUC's participation in our processes, and we5194        look forward to your continued support as we work to advance5195        our regulatory goals.51965197   Like many other issues before us, PHMSA's regulatory agenda5198        is part of an ongoing regulatory review pursuant to the5199        Executive Orders issued last year by the White House.5200SMS5201   At PHMSA, we are strongly promoting the implementation of5202        Safety Management Systems, both internally and for our other5203        pipeline stakeholders.52045205   We understand that there is no one-size-fits-all method for5206        creating an SMS program; the implementation varies from5207        operator to operator, and from state to state.52085209   Our experience has taught us that a pipeline operator is5210        only as good as its weakest link or least-informed division,5211        whether that is a part of the operator or a contractor. This is5212        where SMS can have the greatest impact, reaching all levels of5213        an organization--including its contractors--and helping to5214        ensure a safety culture is pervasive and all-encompassing.52155216   We are seeing a lot of commitment from industry to5217        voluntarily implement SMS, so I encourage you to look for those5218        efforts from the operators in your state. If you see operators5219        requesting rate adjustments for cost recovery of SMS5220        implementation, remember that SMS can help operators manage the5221        multiple facets of pipeline safety, fundamentally changing day-5222        to-day operations by incorporating a focus on safety into every5223        aspect of pipeline management.5224Technology5225   I'm proud of the R&D work we've accomplished so far at5226        PHMSA--funding 270 projects, bringing 27 new technologies to5227        market, and refining our overall systematic process and sub-5228        processes via ongoing review of program effectiveness.52295230     PHMSA has also funded the following projects in recent5231            years applicable to cast iron and liners to support their5232            rehabilitation until such times that they can be replaced.5233                                 ______52345235            Iowa Utilities Board Pipeline Safety Conference5236                            Des Moines, Iowa5237                           February 26, 20195238Introduction5239    First, I want to thank Nick Wagner for the invitation to be here5240today to speak to you about what we're doing at PHMSA to advance our5241shared mission to promote pipeline safety.5242Pathway to Washington DC5243    I was sworn in by Secretary Elaine Chao as Chief Counsel about one5244year ago.5245    PHMSA's Administrator, Howard ``Skip'' Elliott, is a tremendous5246leader with deep industry experience, who along with Secretary Chao,5247are relentless about safety and executing our government5248responsibilities with the utmost efficiency and accountability.5249Trip Down Memory Lane5250    After the San Bruno, CA disaster in 2010, and then Allentown, PA5251explosion in early 2011, the national focus on pipeline safety and aged5252infrastructure became a centerpiece of Federal and state policy. Those5253two incidents took the lives of 13 innocent victims.5254    The Transportation Secretary at the time, Ray LaHood, issued a5255``Call to Action'' to industry and States to modernize the Nation's5256pipeline infrastructure, and in particular, high risk systems like bare5257steel and cast iron, which were far too old to breed the public's5258continued confidence that industry and regulators were doing enough to5259safeguard the public. At that point, our 2.6 million-mile pipeline5260system had about 51,000 miles of bare steel and 36,000 miles of cast5261iron, along with much more in the way of service lines.5262    At the NAPSR Annual Meeting in Springfield, Illinois four years5263ago, I spoke in my capacity as Chairman of NARUC's Subcommittee on5264Pipeline Safety, and remarked about my visit to the Lincoln library,5265where I was able to add context to the age of some of these systems. It5266was there I learned that the oldest components of the system I5267regulated in Rhode Island were put in the ground when Abraham Lincoln5268was still the proverbial ``country lawyer''--1848.5269    My visit to Springfield wasn't long after the East Harlem,5270explosion in New York, which leveled two buildings and killed 8 people.5271It was March 12, 2014, and I happened to be here in Santa Fe when it5272was revealed that Con Ed's cast-iron system was installed in 1887--1265273years old.5274    I reached for a coin that I had purchased earlier that morning at5275the ``open air'' market in the parking lot right next door to this5276resort. I knew there was something about that date that struck me. It5277turned out that this coin happened to have been minted the same year5278Con Ed's system went into the ground--1887.5279    However, unlike currency, the value of a 130-year-old system is5280clearly not the same, especially when you factor in the risk that5281something could go wrong. And it wasn't the only antiquated system5282lying beneath the streets of East Harlem--the cast iron water mains5283were also installed in 1887, and the brick-lined sewers in 1873.5284    The patchwork of system repairs, replacements, and defective5285workmanship created a perfect storm of interactive threats that caused5286a T-service fusion weld to separate from the main, allowing gas to5287migrate and fill the basement of building before the spark and ensuing5288explosion destroyed the building.5289    In January, we had the explosion in Brooklyn, NY that injured five5290people--it was a cast iron made that cracked after a frost heave. In5291February of this year, Atmos Energy's wrapped steel mains were leaking5292in a Dallas neighborhood, and the last of three houses that exploded5293claimed finally claimed the life of a 12-year-old girl. There were5294early warnings signs there as well.5295    And then, of course, one month ago, the Merrimac Valley of5296Massachusetts became ground zero after Columbia Gas failed to reconnect5297sensing lines, leading to an over pressurization of the system that5298cause 131 fires, one fatality, and destruction or significant property5299damage to more than 20 structures. Indeed we were lucky--it could have5300been far, far worse than San Bruno.5301    And you all know the irony of this latest incident--it happened as5302a result of a robust replacement program, except that we witnessed a5303major failure in execution. The fallout from this incident will (and5304should) affect all of us. Because it, like all of the other ones I just5305described, had one thing in common--they were all avoidable, plain and5306simple.5307    Let be clear about something--I'm not saying that we don't have a5308safe pipeline system in this country. 99.9 percent of the products5309moving through pipelines reach their final destination safely. And we5310have made great strides in replacing leak prone systems--the combined5311inventory decreased approximately 30 percent since San Bruno and5312Allentown brought the necessary awareness about the need for action.5313    But despite our efforts, we still have 36,000 miles of bare steel5314pipe and 24,000 miles of cast iron, which collectively will take more5315than twenty years to eliminate. Under that timeframe, the last section5316of pipeline in my hometown Capital of Providence may be 188 years old5317when it is finally removed. That gives me great pause and should do the5318same for everyone--especially the operator.5319    Understandably, there are real-world logistical and economic5320consequences that we must contend with, such as contractor5321availability, operator supervision, impacts to roadways and public5322works departments, and lastly, rate impacts to consumers. Yet, if we5323don't have a robust pace, and if economic regulators (i.e.5324commissioners) don't have the fortitude to raise rates for5325infrastructure upgrades, the public safety risks will continue to haunt5326us.5327    Iowa is one of 21 States that no longer have cast iron systems. 415328States have some form of rate mechanism that provides for timely5329recovery of capital investments.5330    For system operators that derive their revenues from regulated5331rates, there is always a question about need and justification for rate5332increases. I always say that utilities carry the fundamental obligation5333to make compelling presentations to regulators about need for capital5334investment, particularly as it relates to safety.5335    But I also believe that you all can play an important role in the5336ratemaking dialogue. You all possess the knowledge and expertise to5337advise economic regulators about the safety of the system and aid the5338process of prioritizing investments. I can tell you from experience5339that in many States, way too much money is spent to prioritize5340investments in other areas--like expensive renewables, grid5341modernization, etc.5342    My message is simple: Investments for safety can never take a back5343seat in the regulatory process. Regulators need to consult you about5344the needs of the system, especially as it relates to safety. You are5345the soldiers on the battlefield conducting inspections and keeping your5346pulse on the condition of systems, the effectiveness of utility5347supervision over contractor crews, and everything else that troubles5348you.5349    Make sure that you report back to the Commissioners or those who5350are in charge. As someone who has worked in government for more than 255351years, sometimes you have to tell the Emperor about proper attire, if5352you know what I mean. That reality exists in each your States, and I5353can tell you it sometimes exists in Washington DC as well.5354    Commissioners may come and go, but the risks of maintaining a safe5355and reliable system are constant. So, do your part to educate your5356leaders so that they fully understand the gravity of what is at stake.5357And every once and while let them ride shotgun with you out into the5358field so that they can see it with their own eyes and thereby advance5359their understanding about the systems they regulate, including what5360needs to be done going forward.5361This is No Longer Your Father's Utility5362    Now let me talk about the other side of the equation--the industry5363that we regulate.5364    We clearly operate in a different environment than a couple of5365decades ago when I was cutting my teeth on NOPVs in Rhode Island, where5366we would escort the utility folks into a room, slap them on the hand,5367and substitute penalties for effective remedial actions, mostly in the5368way of increased investment and corrective operational practices.5369    These are not the same utilities of today--and it's the money side5370of the equation that is driving this reality, and the risks as well.5371Let me explain why. Before the elimination of PUHCA, our utilities were5372local. They were members of the community; the management lived in your5373neighborhoods; the workers had pensions that would keep them active in5374the company for the long haul, thus maintaining a strong institutional5375memory and knowledge about the pipeline system, it's configuration,5376operational practices, and, of course, the risks of the system.5377    The Board Room, like the corporate headquarters, were local. So5378were the investors--mostly of whom were people like my father, and5379local teacher/pension funds. It provided a strong accountability5380regime. After the repeal of PUHCA, which fostered the convergence of5381many gas and electric utilities across State borders, all of this5382changed--for the worse.5383    The local investors were cashed out. The workers were locked out.5384The managers were ushered to the airplane doors with their golden5385parachutes, and large holding companies, many of which are foreign,5386operated the utilities remotely from out of state headquarters. Utility5387work crews were swapped out for independent contractors who could lower5388construction costs at the expense of safety. Sound familiar?5389    Utilities now seem to be focused on earnings and rate cases more5390than the enterprise risks of the system and public safety. This is what5391I witnessed in my 25 years. In the aftermath of so many incidents, I5392have to question whether the regulatory construct has kept pace with5393the changes.5394    I think the day has likely arrived where business as usual will not5395suffice. The airline industry is not flying 100 year-old airplanes, and5396we really should never have been placed in the present predicament of5397having to endure excessively aged infrastructure. Pipelines that were5398fully depreciated a century ago shouldn't be in service today.5399Construction execution failures like the one we witnessed in5400Massachusetts are not only avoidable, they're simply, and absolutely,5401unacceptable. And I'll go one step further and question how we could5402have contractors not asking questions about pressure sensing lines and5403controls. How could they not understand the basics of gas operations5404and proper procedures?5405    One theme I think you'll hear from my colleagues at PHMSA, is that5406if you're not already doing it, we need to step up on our inspections5407and enforcement for newly constructed facilities. We need to step up5408our inspections and enforcement regarding compliance with integrity5409management protocols. Our performance-based regulatory regime provided5410the industry substantial discretion to evaluate system risks,5411prioritize investments, and balance decisions against efficiency and5412safety. But as I said last week at the New England Pipeline5413Representatives' meeting in New Hampshire, with broad discretion comes5414great responsibility.5415    I think the days when incidents in the pipeline space were mere5416civil enforcement proceedings might be coming to an end as well,5417particularly after the recent criminal convictions for Plains All5418America after the 2015 Refugio pipeline rupture that released crude oil5419into the Pacific waters off Santa Barbara, CA.5420    Another point: While excavation damage accounts for 30 percent of5421incidents, our analysis of enforcement data on the transmission sector5422showed that more than half of those incidents were due to mismarks by5423pipeline operators, something that is beyond the capability of 8115424public awareness campaigns.5425    The bottom line is this: You all need to have a constant eye on5426what's happening out in the field. From general operations to new5427construction. If you need more resources, your principal responsibility5428is to go back to your commissioners and document the need clearly.5429    We strive to provide 80 percent funding, and we are working hard to5430meet that commitment. But first comes first--you have to bring those5431inspectors on board, and your commissioners need to fully support this.5432Remember, Congress left your authority untouched. The Federal5433government respected State occupation of the field concerning5434regulation of intrastate pipeline facilities. The States possess the5435authority and responsibility to inspect and enforce--with one proviso:5436they must annually certify to DOT that they will enforce the minimum5437standards in Part 193. And remember, your State possesses the authority5438to go ``above and beyond'' the minimum standards. We are partners in5439this effort, and decisions about resources cannot be delayed or held5440hostage to the expectation of 80 percent funding from the Federal5441government. That undercuts the effectiveness of our partnership and5442compromises safety. But like I said before, we at PHMSA will continue5443to do everything to provide as close to 80 percent funding as possible.5444    Lastly, if there are any problems or concerns, then please pick up5445the phone and call us! Because we are partners, and we have to meet the5446challenges together. This is an arranged marriage through a5447congressional mandate. And like with any marriage, consistent and5448timely communication is essential.5449PHMSA Support--Training & Qualifications Center5450    We know training is an issue, and we are going to step up our5451efforts to expedite training of new inspectors in light of the5452significant turnover we have been experiencing. The nation's pipeline5453infrastructure is expanding at a dramatic pace. On the transmission5454front alone, FERC authorized construction of 18,000 miles of pipelines5455since 2000. This Administration is turning energy abundance into a5456position of energy dominance, and using export of oil and natural gas5457to reduce trade deficits and to leverage exports to tip the5458geopolitical balance away from Russia pipeline exports to eastern5459Europe, and Venezuelan oil in Latin America and the Caribbean.5460    This means oil and gas production is rising and will continue to5461rise. That will place higher demands on regulators to oversee the5462industry in the way of safety inspections. At the same time, the5463demands for qualified personnel is at an all-time high, and this means5464we have to train more and more inspectors, but at a more rapid pace.5465Alan will discuss in more detail.5466Safety Management Systems5467    While I wish that culture of the industry was already mature enough5468to do what safety management systems are designed to accomplish, it is5469clear that SMS is desperately needed if we are ever to achieve5470Administrator Elliott's vision of zero incidents. But we don't believe5471SMS should be embodied in a regulation. How can you mandate culture?5472How do you force people to wake up at 2 am because they are worried5473about something?5474    It's our belief that operators should be voluntarily pursuing SMS5475as a formal business approach to managing safety risk, since it5476embodies a systematic approach to advancing safety throughout the5477organization, from management commitment; organizational structures,5478accountabilities, policies, and procedures; and a platform to share5479lessons learned.5480    Our experience has taught us that a pipeline operator is only as5481good as its weakest link (like a contractor or utility field supervisor5482who doesn't ask or think about the location of a pressure sensor line),5483or the least-informed division, whether that is a part of the operator5484or a contractor.5485    This is where SMS can have the greatest impact, reaching all levels5486of an organization--including its contractors--and helping to ensure a5487safety culture is pervasive and all-encompassing. SMS can help5488operators incorporate a focus on safety into every aspect of pipeline5489management.5490Conclusion5491    In closing, I want to tell you how much it means for me to be here5492today speaking to you. I made it to Washington DC because of all of5493you. You supported my efforts as a Commissioner to advance pipeline5494safety, and that ultimately led me to Washington DC where I am grateful5495to serve my nation. I believe we have an unprecedented opportunity to5496make a difference for the better. Our partnership has never been5497stronger. So let's continue to work hard together to think about how we5498can avoid tomorrow's incidents, and do everything possible to make sure5499that we have no more victims on our watch. You are such important5500players, since you stand as the interface between industry and economic5501regulators. So please continue doing everything that you can to advance5502safety and protect the public interest.5503    Thank you.5504                                 ______55055506[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]5507                                 ______55085509        National Association of Pipeline Safety Representatives5510                          2018 Annual Meeting5511                          Santa Fe, New Mexico5512                            October 16, 20185513Introduction5514    First, I want to thank you for all your efforts to advance our5515shared safety mission.5516Pathway to Washington DC5517    I was sworn in by Secretary Elaine Chao as Chief Counsel in March5518of this year. Many of you know my background and how I ended up in this5519position. In fact, some of you were pivotal in helping to forge my5520pathway to Washington DC. And when I arrived there, I found an5521incredible team of professionals led by people like Alan Mayberry and5522Linda Daugherty, who I have the utmost respect for.5523    PHMSA leadership now includes another stalwart from the State5524ranks--Massoud Tahamtani. PHMSA's Administrator, Howard ``Skip''5525Elliott, is a tremendous leader with deep industry experience, who5526along with Secretary Chao, are relentless about safety and executing5527our government responsibilities with the utmost efficiency and5528accountability. It's what Alan, Massoud and I refer to as ``good5529government.''5530Trip Down Memory Lane5531    After the San Bruno, CA disaster in 2010, and then Allentown, PA5532explosion in early 2011, the national focus on pipeline safety and aged5533infrastructure became a centerpiece of Federal and state policy. Those5534two incidents took the lives of 13 innocent victims.5535    The Transportation Secretary at the time, Ray LaHood, issued a5536``Call to Action'' to industry and States to modernize the Nation's5537pipeline infrastructure, and in particular, high risk systems like bare5538steel and cast iron, which were far too old to breed the public's5539continued confidence that industry and regulators were doing enough to5540safeguard the public. At that point, our 2.6 million-mile pipeline5541system had about 51,000 miles of bare steel and 36,000 miles of cast5542iron, along with much more in the way of service lines.5543    At the NAPSR Annual Meeting in Springfield, Illinois four years5544ago, I spoke in my capacity as Chairman of NARUC's Subcommittee on5545Pipeline Safety, and remarked about my visit to the Lincoln library,5546where I was able to add context to the age of some of these systems. It5547was there I learned that the oldest components of the system I5548regulated in Rhode Island were put in the ground when Abraham Lincoln5549was still the proverbial ``country lawyer''--1848.5550    My visit to Springfield wasn't long after the East Harlem,5551explosion in New York, which leveled two buildings and killed 8 people.5552It was March 12, 2014, and I happened to be here in Santa Fe when it5553was revealed that Con Ed's cast-iron system was installed in 1887--1265554years old.5555    I reached for a coin that I had purchased earlier that morning at5556the ``open air'' market in the parking lot right next door to this5557resort. I knew there was something about that date that struck me. It5558turned out that this coin happened to have been minted the same year5559Con Ed's system went into the ground--1887.5560    However, unlike currency, the value of a 130-year-old system is5561clearly not the same, especially when you factor in the risk that5562something could go wrong. And it wasn't the only antiquated system5563lying beneath the streets of East Harlem--the cast iron water mains5564were also installed in 1887, and the brick-lined sewers in 1873.5565    The patchwork of system repairs, replacements, and defective5566workmanship created a perfect storm of interactive threats that caused5567a T-service fusion weld to separate from the main, allowing gas to5568migrate and fill the basement of building before the spark and ensuing5569explosion destroyed the building.5570    In January, we had the explosion in Brooklyn, NY that injured five5571people--it was a cast iron made that cracked after a frost heave. In5572February of this year, Atmos Energy's wrapped steel mains were leaking5573in a Dallas neighborhood, and the last of three houses that exploded5574claimed finally claimed the life of a 12-year-old girl. There were5575early warnings signs there as well.5576    And then, of course, one month ago, the Merrimac Valley of5577Massachusetts became ground zero after Columbia Gas failed to reconnect5578sensing lines, leading to an over pressurization of the system that5579cause 131 fires, one fatality, and destruction or significant property5580damage to more than 20 structures. Indeed we were lucky--it could have5581been far, far worse than San Bruno.5582    And you all know the irony of this latest incident--it happened as5583a result of a robust replacement program, except that we witnessed a5584major failure in execution. The fallout from this incident will (and5585should) affect all of us. Because it, like all of the other ones I just5586described, had one thing in common--they were all avoidable, plain and5587simple.5588    Let be clear about something--I'm not saying that we don't have a5589safe pipeline system in this country. 99.9 percent of the products5590moving through pipelines reach their final destination safely. And we5591have made great strides in replacing leak prone systems--the combined5592inventory decreased approximately 30 percent since San Bruno and5593Allentown brought the necessary awareness about the need for action.5594    But despite our efforts, we still have 36,000 miles of bare steel5595pipe and 24,000 miles of cast iron, which collectively will take more5596than twenty years to eliminate. Under that timeframe, the last section5597of pipeline in my hometown Capital of Providence may be 188 years old5598when it is finally removed. That gives me great pause and should do the5599same for everyone--especially the operator.5600    Understandably, there are real-world logistical and economic5601consequences that we must contend with, such as contractor5602availability, operator supervision, impacts to roadways and public5603works departments, and lastly, rate impacts to consumers. Yet, if we5604don't have a robust pace, and if economic regulators (i.e.5605commissioners) don't have the fortitude to raise rates for5606infrastructure upgrades, the public safety risks will continue to haunt5607us.5608    I also recognize that not all States face this problem any longer--560921 States no longer have these vintage pipelines or have taken the5610necessary steps to replace them, and 41 States have some form of rate5611mechanism that provides for timely recovery of capital investments.5612    For system operators that derive their revenues from regulated5613rates, there is always a question about need and justification for rate5614increases. I always say that utilities carry the fundamental obligation5615to make compelling presentations to regulators about need for capital5616investment, particularly as it relates to safety.5617    But I also believe that you all can play an important role in the5618ratemaking dialogue. You all possess the knowledge and expertise to5619advise economic regulators about the safety of the system and aid the5620process of prioritizing investments. I can tell you from experience5621that in many States, way too much money is spent to prioritize5622investments in other areas--like expensive renewables, grid5623modernization, etc.5624    My message is simple: Investments for safety can never take a back5625seat in the regulatory process. Regulators need to consult you about5626the needs of the system, especially as it relates to safety. You are5627the soldiers on the battlefield conducting inspections and keeping your5628pulse on the condition of systems, the effectiveness of utility5629supervision over contractor crews, and everything else that troubles5630you.5631    Make sure that you report back to the Commissioners or those who5632are in charge. As someone who has worked in government for more than 255633years, sometimes you have to tell the Emperor about proper attire, if5634you know what I mean. That reality exists in each your States, and I5635can tell you it sometimes exists in Washington DC as well.5636    Commissioners may come and go, but the risks of maintaining a safe5637and reliable system are constant. So, do your part to educate your5638leaders so that they fully understand the gravity of what is at stake.5639And every once and while let them ride shotgun with you out into the5640field so that they can see it with their own eyes and thereby advance5641their understanding about the systems they regulate, including what5642needs to be done going forward.5643This is No Longer Your Father's Utility5644    Now let me talk about the other side of the equation--the industry5645that we regulate.5646    We clearly operate in a different environment than a couple of5647decades ago when I was cutting my teeth on NOPVs in Rhode Island, where5648we would escort the utility folks into a room, slap them on the hand,5649and substitute penalties for effective remedial actions, mostly in the5650way of increased investment and corrective operational practices.5651    These are not the same utilities of today--and it's the money side5652of the equation that is driving this reality, and the risks as well.5653Let me explain why. Before the elimination of PUHCA, our utilities were5654local. They were members of the community; the management lived in your5655neighborhoods; the workers had pensions that would keep them active in5656the company for the long haul, thus maintaining a strong institutional5657memory and knowledge about the pipeline system, it's configuration,5658operational practices, and, of course, the risks of the system.5659    The Board Room, like the corporate headquarters, were local. So5660were the investors--mostly of whom were people like my father, and5661local teacher/pension funds. It provided a strong accountability5662regime. After the repeal of PUHCA, which fostered the convergence of5663many gas and electric utilities across State borders, all of this5664changed--for the worse.5665    The local investors were cashed out. The workers were locked out.5666The managers were ushered to the airplane doors with their golden5667parachutes, and large holding companies, many of which are foreign,5668operated the utilities remotely from out of state headquarters. Utility5669work crews were swapped out for independent contractors who could lower5670construction costs at the expense of safety. Sound familiar?5671    Utilities now seem to be focused on earnings and rate cases more5672than the enterprise risks of the system and public safety. This is what5673I witnessed in my 25 years. In the aftermath of so many incidents, I5674have to question whether the regulatory construct has kept pace with5675the changes.5676    I think the day has likely arrived where business as usual will not5677suffice. The airline industry is not flying 100 year-old airplanes, and5678we really should never have been placed in the present predicament of5679having to endure excessively aged infrastructure. Pipelines that were5680fully depreciated a century ago shouldn't be in service today.5681Construction execution failures like the one we witnessed in5682Massachusetts are not only avoidable, they're simply, and absolutely,5683unacceptable. And I'll go one step further and question how we could5684have contractors not asking questions about pressure sensing lines and5685controls. How could they not understand the basics of gas operations5686and proper procedures?5687    One theme I think you'll hear from my colleagues at PHMSA, is that5688if you're not already doing it, we need to step up on our inspections5689and enforcement for newly constructed facilities. We need to step up5690our inspections and enforcement regarding compliance with integrity5691management protocols. Our performance-based regulatory regime provided5692the industry substantial discretion to evaluate system risks,5693prioritize investments, and balance decisions against efficiency and5694safety. But as I said last week at the New England Pipeline5695Representatives' meeting in New Hampshire, with broad discretion comes5696great responsibility.5697    I think the days when incidents in the pipeline space were mere5698civil enforcement proceedings might be coming to an end as well,5699particularly after the recent criminal convictions for Plains All5700America after the 2015 Refugio pipeline rupture that released crude oil5701into the Pacific waters off Santa Barbara, CA.5702    Another point: While excavation damage accounts for 30 percent of5703incidents, our analysis of enforcement data on the transmission sector5704showed that more than half of those incidents were due to mismarks by5705pipeline operators, something that is beyond the capability of 8115706public awareness campaigns.5707    The bottom line is this: You all need to have a constant eye on5708what's happening out in the field. From general operations to new5709construction. If you need more resources, your principal responsibility5710is to go back to your commissioners and document the need clearly.5711    We strive to provide 80 percent funding, and we are working hard to5712meet that commitment. But first comes first--you have to bring those5713inspectors on board, and your commissioners need to fully support this.5714Remember, Congress left your authority untouched. The Federal5715government respected State occupation of the field concerning5716regulation of intrastate pipeline facilities. The States possess the5717authority and responsibility to inspect and enforce--with one proviso:5718they must annually certify to DOT that they will enforce the minimum5719standards in Part 193. And remember, your State possesses the authority5720to go ``above and beyond'' the minimum standards. We are partners in5721this effort, and decisions about resources cannot be delayed or held5722hostage to the expectation of 80 percent funding from the Federal5723government. That undercuts the effectiveness of our partnership and5724compromises safety. But like I said before, we at PHMSA will continue5725to do everything to provide as close to 80 percent funding as possible.5726    Lastly, if there are any problems or concerns, then please pick up5727the phone and call us! Because we are partners, and we have to meet the5728challenges together. This is an arranged marriage through a5729congressional mandate. And like with any marriage, consistent and5730timely communication is essential.5731PHMSA Support--Training & Qualifications Center5732    We know training is an issue, and we are going to step up our5733efforts to expedite training of new inspectors in light of the5734significant turnover we have been experiencing. The nation's pipeline5735infrastructure is expanding at a dramatic pace. On the transmission5736front alone, FERC authorized construction of 18,000 miles of pipelines5737since 2000. This Administration is turning energy abundance into a5738position of energy dominance, and using export of oil and natural gas5739to reduce trade deficits and to leverage exports to tip the5740geopolitical balance away from Russia pipeline exports to eastern5741Europe, and Venezuelan oil in Latin America and the Caribbean.5742    This means oil and gas production is rising and will continue to5743rise. That will place higher demands on regulators to oversee the5744industry in the way of safety inspections. At the same time, the5745demands for qualified personnel is at an all-time high, and this means5746we have to train more and more inspectors, but at a more rapid pace.5747Alan will discuss in more detail.5748Safety Management Systems5749    While I wish that culture of the industry was already mature enough5750to do what safety management systems are designed to accomplish, it is5751clear that SMS is desperately needed if we are ever to achieve5752Administrator Elliott's vision of zero incidents. But we don't believe5753SMS should be embodied in a regulation. How can you mandate culture?5754How do you force people to wake up at 2 am because they are worried5755about something?5756    It's our belief that operators should be voluntarily pursuing SMS5757as a formal business approach to managing safety risk, since it5758embodies a systematic approach to advancing safety throughout the5759organization, from management commitment; organizational structures,5760accountabilities, policies, and procedures; and a platform to share5761lessons learned.5762    Our experience has taught us that a pipeline operator is only as5763good as its weakest link (like a contractor or utility field supervisor5764who doesn't ask or think about the location of a pressure sensor line),5765or the least-informed division, whether that is a part of the operator5766or a contractor.5767    This is where SMS can have the greatest impact, reaching all levels5768of an organization--including its contractors--and helping to ensure a5769safety culture is pervasive and all-encompassing. SMS can help5770operators incorporate a focus on safety into every aspect of pipeline5771management.5772Conclusion5773    In closing, I want to tell you how much it means for me to be here5774today speaking to you. I made it to Washington DC because of all of5775you. You supported my efforts as a Commissioner to advance pipeline5776safety, and that ultimately led me to Washington DC where I am grateful5777to serve my nation. I believe we have an unprecedented opportunity to5778make a difference for the better. Our partnership has never been5779stronger. So let's continue to work hard together to think about how we5780can avoid tomorrow's incidents, and do everything possible to make sure5781that we have no more victims on our watch. You are the such important5782players, since you stand as the interface between industry and economic5783regulators. So please continue doing everything that you can to advance5784safety and protect the public interest.5785    Thank you.5786                                 ______57875788[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]5789                                 ______57905791[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]5792                                 ______57935794[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]5795                                 ______57965797                      New Mexico State University5798                      Center for Public Utilities5799                       Current Issues Conference5800                          Santa Fe, New Mexico5801                             April 8, 20195802    Good Morning. It's such a pleasure for me to be here with you5803today. It's an opportunity to break away from Washington, DC5804headquarters and provide an update on the latest developments at the5805Pipeline and Hazardous Materials Safety Administration.5806    I think this was always one of my favorite conference venues, not5807only because I once served as Chairman of the Advisory Council, but5808also given the high caliber of attendees; to be with my former5809commissioner colleagues and friends; in beautiful Santa Fe among the5810striking natural scenery; clear blue skies and the wonderful smell of5811mesquite in the air--all make for the perfect setting to discuss the5812important, current issues facing the energy industry.5813    I now have more than a year under my belt at PHMSA, but as most of5814you know, I've been shoulder-deep in the world of power, energy, and5815public utilities for a lot longer. Those worlds are rapidly changing5816these days in so many different ways, which I'd like to talk about this5817morning.5818    First, I'd like to acknowledge the work that all of you in this5819room do--which is absolutely essential to maintaining the robust energy5820supplies that drive our economy and way of life. What you do is also5821critical to PHMSA's safety mission, which is ``to protect people and5822the environment by advancing the safe transportation of energy and5823other hazardous materials that are essential to our daily lives.''5824    Without the work of state Public Service Commissions, executives of5825regulated utility industries, and all others who contribute to our5826collective safety mission, an agency like PHMSA with only about 5305827employees could never hope to meet the challenges posed by the vast5828network of 2.7 million miles of regulated pipelines and the ubiquitous5829transit of 1.2 million hazardous materials shipments across this5830country every passing day.5831    And those challenges just seem to keep on increasing--because the5832strong economic picture and energy abundance we are witnessing, create5833a powerful combination to bring investment in energy infrastructure and5834economic growth.5835    Perhaps with the exception of my home town region in New England,5836more pipelines are being built to bring oil and gas resources from5837production to demand centers, placing greater demands on PHMSA and the5838industry to ensure that the design, construction and operation of those5839facilities are done safely and comply with Federal standards.5840    Technology and innovation are at heart of these developments. For5841the Department of Transportation and its nine modal administrations5842(including PHMSA), innovation is one of the pillars underpinning our5843mission. Of course, safety is the highest priority, but innovation,5844along with infrastructure and accountability, represent the other three5845pillars.5846    Let me start with safety. 99.9997 percent of hazardous materials5847make it to their intended destinations safely. But even at that rate,5848we experienced 285 significant incidents in 2018, which led to 85849fatalities in the pipeline sector. 90 percent of these were related to5850distribution systems, which is not surprising since 80 percent of the5851Nation's pipelines are distribution, and thus regulated by the States.5852    For those who have met our Administrator, Skip Elliott, you know5853his vision is zero incidents. Getting to zero incidents is not easy--5854and it relies not just on good operators deeply committed to a culture5855of safety, but it also requires leaning on the other three pillars--5856technology and innovation; infrastructure; and accountability.5857    Technology brought us the shale gas revolution which will make the5858United States the largest producer of oil and gas in the world, with5859new and expanding production techniques. The growth in production is5860fueling the development of liquefied natural gas export facilities, and5861is partly driven by the reforms we achieved with the signing of a new5862Memorandum of Understanding with the Federal Energy Regulatory5863Commission that provides for a more logical assignment of roles and5864responsibilities between the two agencies during the licensing process5865for new LNG terminals. The new approach is helping to streamline the5866review process, and not only brings efficiencies, but also introduces5867much needed regulatory certainty to applicants navigating the process.5868These efforts are bolstering America's status as a net exporter of LNG5869to more than 34 countries around the globe. And this number will5870continue to grow.5871    Our work factors directly into the Administration's most important5872foreign policy strategic objectives by allowing America's natural gas5873to be liquefied and exported to nations around the world who5874desperately need a more diversified and secure set of energy resources.5875    Our efforts are tipping the geo-political balance in favor of5876Eastern European nations who are trying to decrease their current5877dependence on imported natural gas from Russian pipelines. For5878Caribbean island nations, it will mean access to clean burning natural5879gas to power electric generation, as opposed to relying on distillate5880fuels from Venezuela.5881    The numbers involved are truly astounding. A single LNG export5882facility can deliver an economic impact of $10 billion or more per5883year, and strong demand from the Asia-Pacific region looks to likely5884drive those numbers even higher over time.5885    New technologies promise to accelerate change even more, such as5886autonomous vehicles, drones, and magnetic levitation hyperloop trains.5887It paints a dramatic picture of change and opportunity, and it is5888coming at us fast.5889    At PHMSA and across DOT, we are making strong efforts to refine our5890vision by incorporating new technologies into regulation, like the5891recent plastics rule that will bring superior pipeline products all the5892while reducing construction costs.5893    We are combing through all the regulations to update and remove5894outdated ones that have not kept pace with technological advancements.5895But we will make no move unless we are convinced by clear and5896convincing data that our efforts will not compromise safety--the first5897and foremost pillar underpinning our mission.5898    But none of it can happen without the second pillar--infrastructure5899and investment. Investment in basic infrastructure that is less5900susceptible to the pace of technology, must occur--like roads and5901bridges--and of course pipelines, which may have been manufactured from5902materials that are now deemed high risk.5903    You all know what I'm talking about--cast iron and bare steel5904distribution systems. Great progress has been made--cast iron5905infrastructure has declined by almost half in the past decade, and 205906or more States have eliminated it all together.5907    That cause, crystallized by the tragic incidents in San Bruno, CA5908(2010), Allentown, PA (2011) and East Harlem, NY (2012), ultimately5909brought me to Washington DC, with a slight (2 year) detour south of the5910border from here--Mexico. These accidents make it clear that investment5911must be systematic--with operators gathering essential data and making5912compelling presentations to economic regulators on the one hand; and5913regulators making the courageous decisions to increase utility rates to5914recover those costs, on the other hand.5915    That's the heart of the regulatory compact that still remains the5916envy of the world--it brings regulatory certainty, confidence to the5917financial community, and ultimately guarantees affordable, reliable5918utility services to the American public. Maintaining the highest level5919of safety--and getting as close as possible to a ``zero-incident''5920vision--is a small additional price to pay.5921    That brings me to last pillar--Accountability.5922    Much of the current regulatory construct depends upon the industry5923to continuously assess the integrity of their pipeline systems; to5924identify risk; and ultimately to prioritize investments that guarantee5925operation of safe and secure systems. The same is true for the power5926sector.5927    The safety regulatory construct under Federal law provides great5928flexibility to the industry. But let me say this: With great5929flexibility comes great responsibility. Today's technologies of inline5930inspection capabilities are providing operators with better tools to5931evaluate integrity--but the enforcement cases crossing my desk5932demonstrate that those technologies still have a long way to go. They5933are not perfect, which is why PHMSA spends millions of dollars each5934year in research and development initiatives with universities.5935    Integrity management protocols are not a generic binder to be5936housed on a shelf. They are a living document that chronicles the life5937of the asset until it is either retired or replaced. Operators have to5938be held accountable for what they do--or don't do--with integrity5939management.5940    There's simply no alternative, since for the Nation's energy5941infrastructure to grow and meet our domestic and global strategic5942needs, the public will demand the highest level of safety and5943protection of the environment, as we know from reading about the5944growing opposition to pipeline projects across the country.5945                 The Nexus between Safety and Security5946    I want to close on a subject that was recently the topic of a5947technical conference at FERC--the security of our Nation's energy5948delivery infrastructure. PHMSA's mission may be safety, but you can5949never really separate safety from security. I think the TSA5950Administrator, David Pekoske, said it best at FERC two weeks ago--5951``safety and security are two sides of the same coin.''5952    Security has two components: Physical and cyber threats5953characterized by the actions of bad actors; with the second component5954being reliability as measured by supply and delivery capabilities, and5955of course planning for system contingencies.5956    Earlier this year, the Director of National Intelligence released5957the Worldwide Threat Assessment, and what was notable was the growing5958emphasis on identified threats from China. China now has the capability5959to launch cyber-attacks that could cause disruptive effects on critical5960infrastructure--``such as disruption of a natural gas pipeline for days5961to weeks--in the United States.''5962    Aside from this risk, on the reliability side, there were a number5963of recent incidents on pipeline systems in Minnesota, Michigan and my5964home state of Rhode Island where more than 6,000 customers lost gas5965service on a cold January day just a few months ago.5966    Those incidents are drawing attention to the fact that system5967resiliency is being stretched thin in some parts of the country. Demand5968for natural gas is growing both for heating and power generation;5969utilization on some systems is maxed out; and in some cases, there were5970few or no contingencies for maintaining gas supply to customers.5971    There's simply no reason for not having adequate pipeline capacity5972to meet the forecasted demands on the system. That goes equally for the5973need to plan for operational contingencies in the same manner we do for5974the electric transmission system. And there's no excuse for not5975connecting new customers who desire natural gas service in States like5976New York and Massachusetts, where local utilities have been forced to5977enact moratoriums on new connections.5978    But when you marry the conventional reliability risk to the5979physical and cyber security components, we undoubtedly find ourselves5980in a very precarious position, particularly in light of the clear and5981growing interdependency between the gas and electric sectors. Given the5982current threat assessment, we clearly need to plan for what we are5983going to do in the event systems go down due to the malevolent acts of5984third parties, something that goes far beyond our current efforts of5985establishing information sharing platforms.5986    So, safety and security go hand in hand, and the consequences can5987be often be the same. You've probably heard me ask this before--what do5988the San Bruno, CA pipeline tragedy and Midwest Black-Out (2003) have in5989common? Besides both being avoidable, they both resulted in eight5990fatalities.5991    Those tragic incidents could pale in comparison to what could5992happen if we experienced a well-coordinated cyber-attack on pipeline5993systems. So, let's be ready; let's continue to work together; and let's5994make the necessary investments now.5995    Thank you again for the opportunity to speak today. I'm happy to5996answer any questions.5997                                 ______59985999[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]6000                                 ______60016002   Remarks of Paul Roberti, General Counsel, Pipeline and Hazardous6003      Materials Safety Administration to The Fertilizer Institute6004                          Scottsdale, Arizona6005                            October 22, 20186006    Thank You for the opportunity to speak with you today here at the6007North American Fertilizer Transportation Conference about safety in the6008fertilizer industry. It is always a pleasure to meet with organizations6009like yours, because you encourage industry collaboration in our6010collective to ensure that the hazardous materials, which are an6011essential input in the manufacturing process, are handled safely and6012securely.6013    Largely because of fertilizer, one of the early predictors of doom6014for mankind turned out to be wrong. In 1798, Thomas Malthus observed6015that food production increased arithmetically, while population growth6016and demand was exponential. He predicted that this dichotomy would have6017dire consequences--eventually leading to widespread famine. But it6018hasn't happened--because of the innovation your members delivered to6019the business of agriculture. And we all know that fertilizer is a very6020large part of that innovation.6021    Part of what makes PHMSA an interesting and important place to work6022is the vital importance of some of the industries we regulate. There6023are a lot of hazardous materials--in fact, they are ubiquitous--from6024medical waste, to chlorine, to radioactive materials, lithium batteries6025in airplanes, to crude oil on trains, one could argue that nothing is6026more vital to the well-being of our nation and the world than the6027ability to feed people, which depends heavily on the work of your6028organization's members.6029    PHMSA is first and foremost a regulatory agency. We work hard to6030execute our regulatory responsibility in a way that is smart,6031comprehensive, and responsive to all stakeholders. Industry6032organizations like the Fertilizer Institute facilitate that part of our6033job, by organizing the concerns and interests of their members, by6034serving as a consistent source for trusted information and data, and by6035helping to publicize industry initiatives on safety and environmental6036stewardship.6037    In all of the industries we regulate, PHMSA strives to be6038consultative in making clear and effective rules, transparent in our6039internal operations, thorough in inspections, and consistent in6040regulatory enforcement. We rely on organizations like The Fertilizer6041Institute, and their members, to ensure that our rulemaking is done6042with a keen understanding of the challenges you face every day in your6043industry.6044    Beyond that, PHMSA understands that safety requires more than mere6045regulation. ``Zero incidents'' is our ultimate goal; but it will never6046be achieved by enforcing minimum standards, even if the rules and their6047application are perfect.6048    To get to zero incidents, a more comprehensive effort is needed. As6049a small agency--employing just 536 people--it is obvious that direct6050action cannot ensure the safety of 2.7 million miles of pipeline and60512.1 billion tons of hazardous materials transports each year. For that6052reason, PHMSA is committed to the concept of leveraging our limited6053resources in order to have the greatest impact on safety. We want to6054leverage data and information; research and development; and the6055efforts and reach of partners like The Fertilizer Institute is a vital6056input into our safety mission.6057    Safety is the result of many small things, of consistency and6058meticulous attention to detail. Michelangelo, an expert in this area,6059said that ``Trifles make perfection; and perfection is no trifle.''6060    PHMSA works closely with multiple DOT operating administrations to6061ensure consistency in administering hazardous materials transportation6062safety programs across all modes--such as the FRA, FCMSA, FAA, etc. We6063are actively working with our counterparts at FRA to address many6064issues relevant to the safe transportation of hazmat by rail, including6065materials that pose a toxic inhalation hazard (TIH).6066    These TIH materials, which include essential products, such as6067anhydrous ammonia and chlorine, are vital not only to our nation's6068infrastructure, but also to our health and safety since our water and6069food supplies depend on their safe movement. PHMSA recognizes its6070critical role as an agency that must ensure the safety of a vast6071transportation network that supports our economy and our national way6072of life.6073    As an example of our close collaboration with FRA and our industry6074stakeholders, PHMSA has reviewed, analyzed, and accepted several6075petitions for consideration in upcoming rulemakings that address the6076safe transportation of materials that are toxic when inhaled. These6077petitions cover a range of issues, including: finalizing specifications6078codified in 2009 to provide certainty to the industry regarding tank6079car design and construction standards; extending the authorized service6080life for tank cars that meet improved standards from 20 to 50 years;6081and determining an appropriate timeline for phasing out rail tank cars6082that do not meet the final standard.6083    PHMSA truly appreciates the wealth of expertise that the shippers6084and carriers provide to the regulatory process, as well as their6085continued commitment to build consensus on necessary safety standards.6086We are pleased to note that the Association of American Railroads (AAR)6087and several associations representing TIH shippers, including the6088American Chemistry Council (ACC), the Chlorine Institute (CI), and the6089Fertilizer Institute (TFI), have reached a general consensus with6090respect to a number of challenging policy determinations PHMSA must6091make--such as proposing a timeline for compliance with the final TIH6092tank car standard. I would specifically note the Joint comments you6093submitted on June 19, 2018, along with AAR, ACC, and CI,, advocating6094for the adoption of a mutually agreed-upon phase out date of December609531, 2027.6096    Just a few weeks ago, on September 6 leadership of each of these6097organizations came together to meet with PHMSA's senior leadership team6098to affirm their support for this new approach. At that meeting, you all6099urged PHMSA to accelerate the time-frame for completing rules--so that6100you will have certainty for the strategic investment decisions that6101must be made to advance safety. The successful collaboration of6102industry stakeholders has greatly facilitated our efforts to finalize a6103draft rule that can be issued for public notice and comment and6104published as expeditiously as possible.6105    Looking ahead, we know that additional challenges remain as we work6106together with all stakeholders to build on our existing safety6107framework. We recognize the need to embrace innovative technologies and6108solutions that advance safe transportation for the benefit of the6109public. We also understand and acknowledge your need for regulatory6110certainty. As shippers and carriers of hazardous materials, you are not6111only integral to ensuring the safe transport of hazardous materials,6112but also critical to achieving our shared goal of zero incidents. With6113strong commitment, leadership, and robust stakeholder collaboration, we6114can ultimately achieve this goal.6115    Thank you all for your efforts in moving us in this direction, and6116thank you the opportunity to speak with you today.6117                                 ______61186119                          UNITED STATES SENATE6120            COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP6121             TESTIMONY OF PAUL ROBERTI, PHMSA CHIEF COUNSEL6122                           NOVEMBER 16, 20186123    Good morning Senator Kennedy and thank you for the opportunity to6124testify today, in the great State of Louisiana, about the Pipeline and6125Hazardous Materials Safety Administration's efforts to advance the6126safety of rail tank cars transporting hazardous materials.6127    On behalf of Secretary Chao and Administrator Skip Elliott, I want6128to thank you for your leadership and personal efforts to improve the6129safety of our Nation's railroad system. Safety is the number one6130priority for Secretary Chao and everyone working at the Department of6131Transportation. PHMSA's mission is to protect people and the6132environment from the risks of hazardous materials by all modes of6133transportation. We achieve this mission by creating regulations and6134carrying out a comprehensive safety oversight strategy. We advance6135education, and research and development projects, focused on enhancing6136safety and accident prevention.6137    PHMSA also provides funding and training to prepare first6138responders to mitigate hazards in the unlikely event that an incident6139occurs. Our goal is to reduce risk towards zero deaths, zero injuries,6140prevent property and environmental damage, and prevent transportation6141disruptions. Tragic train accidents like Lac-Megantic, Quebec in 2013;6142Graniteville, South Carolina in 2005; and Minot, North Dakota in 2002,6143underscore the need to improve the safety of rail tank cars. We remain6144vigilant while working with industry to prevent these types of6145accidents from ever happening again.6146    In the interest of time, I refer you to my written testimony which6147describes:61486149   PHMSA's hazardous materials safety program and its role in6150        preventing and mitigating incidents;61516152   Background about PHMSA's regulatory authority, and the6153        status of pending rulemakings;61546155   PHMSA's effort to build consensus within the regulated6156        industry and our work to modernize standards and reduce6157        regulatory burdens on small businesses; and61586159   PHMSA's efforts to finalize standards for rail tank cars6160        that transport hazardous materials classified as Toxic6161        Inhalation Hazards, such as anhydrous ammonia and chlorine.61626163    For this class of hazardous materials, we are coordinating with the6164Federal Railroad Administration to resolve a number of issues that will6165promote their safe transportation on the Nation's railroads. As you6166know Senator Kennedy, these products are essential for sustaining our6167food and water supplies, and our health and safety depend upon their6168safe transportation. As an example of our collaboration with the6169Federal Railroad Administration and the industry, PHMSA accepted a6170number of petitions for consideration in upcoming rulemakings that6171address the safe transportation of toxic hazardous materials.6172    PHMSA appreciates the expertise that both the shippers and the6173carriers contribute to the regulatory process, as well as their6174commitment to build consensus on safety standards. A great example of6175consensus was the June 19, 2018 joint submission of comments by the6176shippers and carriers advocating for a mutually agreed-upon phase-out6177date of December 31, 2027 for legacy tank cars. We are pleased that6178industry reached consensus regarding this proposed date for compliance6179with the final tank car standard.6180    Moreover, on September 6, 2018, industry leaders met with PHMSA's6181leadership to affirm their support for this newly achieved consensus.6182They urged PHMSA to accelerate the time-frame for completing rules that6183provide much needed regulatory certainty to guide the strategic6184investment decisions that are necessary to advance safety.6185    In closing, the success of PHMSA's mission relies on continued6186collaboration with industry to build on the existing regulatory6187framework. We need to embrace innovative technologies that provide6188cost-effective solutions for improving safety, as well as continue6189taking steps to increase the level of regulatory certainty. We6190recognize that both shippers and carriers are important partners to the6191success of PHMSA's safety programs, our national economy, the State of6192Louisiana, and Port of New Orleans.6193    Thank you for opportunity to testify. I look forward to answering6194any questions you may have.6195                                 ______61966197[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]6198                                 ______61996200                          UNITED STATES SENATE6201           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION6202   TESTIMONY OF PAUL ROBERTI, CHIEF COUNSEL, PIPELINE AND HAZARDOUS6203                    MATERIALS SAFETY ADMINISTRATION6204               PIPELINE SAFETY IN THE MERRIMACK VALLEY:6205                    INCIDENT PREVENTION AND RESPONSE6206                              LAWRENCE, MA6207                           NOVEMBER 26, 20186208    Senator Markey and Senator Warren, thank you for the opportunity to6209testify about the tragic accident that occurred in Merrimack Valley on6210September 13, 2018. I would also like to thank Senator Hassan,6211Representative Tsongas, Representative Moulton, and Congresswoman-elect6212Trahan for their attendance as well.6213    On behalf of Secretary Elaine Chao and Administrator Skip Elliott,6214I recognize and appreciate your efforts to advance pipeline safety. For6215Secretary Chao, Administrator Elliott and everyone working at the6216Department of Transportation, safety is our number one priority.6217    PHMSA's mission is to protect people and the environment by6218advancing the safe transportation of energy and other hazardous6219materials that are so essential to our daily lives. We oversee the6220inspection and enforcement of the Nation's interstate pipeline system;6221we advance education, research and development projects; and we6222administer the State Pipeline Safety Programs in 48 States, including6223Massachusetts.6224    The natural gas explosions and fires in the Merrimack Valley were6225indeed tragic and avoidable. We deeply sympathize with the family of6226the young man who lost his life, and all those who suffered injuries,6227or had their homes and property damaged or destroyed.6228    PHMSA acknowledges the initiative to replace aging cast iron6229pipelines for safety reasons. In my prior role as a public utilities6230commissioner in Rhode Island just a few miles south of here, I worked6231steadfastly to advance programs to accelerate the replacement of cast6232iron and bare steel pipelines for many years, particularly in the6233aftermath of tragedies like San Bruno, CA and Allentown, PA.6234    Those tragedies galvanized the effort to modernize pipeline systems6235across the Nation. Yet, despite Columbia Gas' concerted effort to6236replace aging cast iron systems, we witnessed an extraordinary failure6237in the planning, design and execution of a replacement project.6238    This accident once again illustrates how critical it is for6239pipeline operators to thoroughly plan and safely execute all facets6240related to construction, maintenance and operation of pipeline6241networks.6242    The written testimony that I submitted describes:62436244   First, PHMSA's financial support to our State partners;62456246   Second, the training provided to Federal and state6247        inspectors;62486249   Lastly, PHMSA's evaluations of state pipeline safety6250        programs.62516252    On the afternoon of the accident, Administrator Elliott made an6253immediate decision to deploy multiple inspectors to the scene to6254provide technical assistance to both the Massachusetts Department of6255Public Utilities and the National Transportation Safety Board. As some6256of you know personally, he also reached out to keep affected members of6257Congress apprised about PHMSA's efforts. Since the time the tragedy6258unfolded,6259    PHMSA's team of experts have provided hundreds of hours of6260technical assistance, and we will continue to support Massachusetts and6261the NTSB throughout their investigations.6262    A word about the State pipeline safety programs that PHMSA6263administers: The federal/state partnership with the Commonwealth of6264Massachusetts spans over 35 years. Massachusetts is a certified state6265partner, with inspection and enforcement responsibilities for6266intrastate natural gas distribution and transmission pipelines. As a6267matter of law, the Commonwealth possesses jurisdiction to investigate6268and make determinations regarding an operator's compliance with Federal6269and state regulations.6270    We also recognize the NTSB's jurisdiction and expertise for leading6271the investigation and determining the probable cause of this tragic6272accident. While the NTSB's preliminary report identified circumstances6273that likely contributed to the over-pressurization during the pipeline6274replacement project, PHMSA eagerly awaits the completion of both6275investigations so that we have all requisite information concerning the6276cause of the incident and operator's compliance with pertinent6277regulations.6278CLOSING6279    In closing, PHMSA expects pipeline operators to comprehensively6280understand their systems, including the design, construction, and6281operation of all facilities. Moreover, we expect operators and6282qualified subcontractors to exercise extreme care and diligence in6283every aspect of their work, and above all, to nurture and maintain a6284safety culture that promotes the highest level of safety, so that6285tragic pipeline accidents like the Merrimac Valley disaster never6286happen again.6287    Thank you again for the opportunity to testify. I look forward your6288questions.62896290    The Chairman. Thank you very much.6291    Mr. Barrs, let us start with you. Today, the United States6292has reciprocity with Mexico and Canada such that all three6293countries recognize each other's commercial driver licenses.6294The State of Texas and the Texas Trucking Association have6295flagged that drivers with fraudulently issued Mexican CDLs are6296coming into the U.S. These drivers may not actually have the6297experience to drive safely on the roads and could potentially6298be violating U.S. cabotage laws.6299    Mr. Barrs, can you discuss your views on this issue? And if6300confirmed, will you work with me and my office to fix this6301problem?6302    Mr. Barrs. Senator, thank you for the question. Safety is6303paramount, as we have discussed earlier with my career in law6304enforcement, making sure that all safe--are all drivers are6305safe on our roadway, but ensuring that drivers are qualified6306and safe has got to be the utmost importance of what we are6307doing with commercial vehicle safety.6308    If confirmed, I am committed to addressing this particular6309issue. I have worked closely with the Texas Department of6310Public Safety throughout my career, and understand that this6311particular issue is concerning, and we will work closely with6312you and your office to ensure that we can make sure that all6313drivers who are in our country are safe.6314    The Chairman. Thank you. Mr. Roberti, in a recent pipeline6315safety hearing held by this Committee, my colleagues on the6316other side of the aisle asked whether PHMSA has been taking a6317lax approach to pipeline safety enforcement. Can you tell us6318about your safety enforcement record as PHMSA's former chief6319counsel and how you plan to appropriately enforce the pipeline6320and hazmat transportation rules?6321    Mr. Roberti. Thank you, Chairman Cruz, for the question. As6322you know, my last stint at PHMSA we processed almost 8006323enforcement cases, an effective inspection and an enforcement6324program within an agency, a safety agency like PHMSA goes to6325the heart of PHMSA's mission. And if confirmed, I can assure6326you I will bring that same transparent and effective approach6327to making sure that we have a strong enforcement program.6328    The Chairman. Thank you. Mr. Morrison, how should NHTSA6329encourage automakers to build safe and reliable vehicles6330without relying on costly government mandates that that raise6331vehicle prices for consumers?6332    Mr. Morrison. It is a great question, Chairman Cruz. I6333think the first thing is making sure that automakers understand6334the agency's expectations for safety. Remember, we have Federal6335Motor Vehicle Safety Standards, but more importantly, the6336agency has very, very broad defect authorities, and automakers6337have a responsibility to recall vehicles within 5 days of a6338defect in design, construction, and performance that could lead6339to an unreasonable risk to safety.6340    So there is an automatic regulation that is working in the6341background. Making sure automakers understand that can allow6342them to ensure that their designs are robust.6343    Now, you do need regulation with new technologies. I think6344that is something that is clear, but only once the technology6345is well understood by the agency and the industry, and usually6346after the development of consensus standards.6347    The Chairman. Mr. Barrs, freight fraud and theft has become6348a rampant problem across the United States. FMCSA must remain a6349safety agency, but there are things FMCSA can do in its role6350overseeing motor carrier safety that would stop fraud. For6351example, FMCSA is updating its registration system. And as a6352part of that work, it will stop issuing new motor carrier, or6353MC numbers and require more thorough identity verification.6354    Mr. Barrs, I am working on legislation to enhance FMCSA's6355ability to identify and stop fraud. If confirmed, will you work6356with me on ways to stop fraud and freight fraud, and what do6357you see as the most promising strategies?6358    Mr. Barrs. Senator, thank you for that question. You are6359exactly right. This is a nationwide issue that is causing major6360issues, again with our trucking industry and our economy. I6361look forward to working with you on this particular issue, and6362working with all the different partners that we have to ensure6363that bad actors are penalized or they go to jail the way they6364need to. And we can work together with different agencies to6365make sure that that can happen. But I look forward to working6366with you on this particular issue moving forward. Yes, sir.6367    The Chairman. Thank you. Mr. Roberti, in the 2020 PIPES6368Act, Congress authorized PHMSA to approve test programs for6369pipeline operators to evaluate innovative new pipeline safety6370technologies; however, we have heard that PHMSA received no6371requests to engage in the test programs due to the mountain of6372red tape the Biden administration required for approval.6373    Mr. Roberti, as PHMSA administrator, will you plan to work6374with the pipeline industry to encourage the use of test6375programs to advance new pipeline technologies without the6376imposition of non-statutory red tape, including by removing the6377non-statutory requirements the Biden administration placed on6378the test programs?6379    Mr. Roberti. Mr. Chairman, I have heard, there has been a6380lot of criticisms about special permit process. As I stated in6381my testimony, I am a big believer that innovation and new6382technologies are the leading edge for shifting the regulatory6383paradigm toward better safety. And so I can certainly--I do not6384know what is going on there regarding those programs and the6385processing of those requests, and the pilot programs, but I6386certainly will commit to making that a priority to look into6387that situation, and see about ways of streamlining. And6388certainly, removing red tape so that we can be more--we can be6389faster in pursuing opportunities to bring new technologies,6390enhance safety.6391    The Chairman. Thank you. Ranking Member Cantwell.6392    Senator Cantwell. Thank you, Mr. Chairman.6393    Gentlemen, you know, I could probably fill like this roster6394here, with reports from GAO, or Inspector Generals about a6395problem we had in FAA where organizational design authorization6396was given to Boeing to have inspectors review the work and work6397with the FAA. Now, that is still the system we have today, but6398what we found is that there were those who were retaliating6399against those ODA members, and basically saying, you know: You6400might lose your job, or this might happen if you take a strong6401enforcement measure.6402    So we learned in aviation that was a big mistake, a big6403mistake. So we have corrected that by passing a new FAA law6404that basically protects those ODA members from retaliation.6405    This Department of Transportation has issued a new rule6406basically saying that you can retaliate against the inspectors6407in your agencies. So I want to know from you whether you6408believe that you are going to protect these inspectors from6409that kind of retaliation? Will you commit to being a strong6410policeman on the beat and making sure there is no political6411interference at your agencies on those inspectors?6412    Mr. Barrs. Senator Cantwell, thank you for the question. I6413can tell you that throughout my career in law enforcement I6414mentioned earlier, that enforcement is key and making sure that6415the bad actors, as was mentioned here, are dealt with6416accordingly. And the inspectors and officers that work within6417FMCSA have a diligent job to do and making sure that they can6418carry out the missions and place these bad actors out.6419    And it is extremely important to me that we make sure that6420we do that, and we work together collaboratively with them and6421give them the tools and the toolbox that they need to address6422these issues that you are referring to.6423    Senator Cantwell. So no political retaliation?6424    Mr. Barrs. Senator, I am looking forward to working with6425them and making sure that they are able to do their job, and I6426think that is what is important.6427    Senator Cantwell. Thank you.6428    Mr. Morrison. Yes, from my experience working with the6429fantastic investigators both in the Office of Vehicle Safety6430Compliance, and the Office of Defects Investigation, you know,6431you really need a robust, honest back-and-forth relationship6432with them. We need the data. We need to analyze the data to6433determine whether or not there might be a defect, or non-6434compliance, and so ensuring that the level of trust is6435critical.6436    Senator Cantwell. And making sure they are not harassed by6437somebody?6438    Mr. Morrison. Absolutely.6439    Senator Cantwell. Great. Thank you. Mr. Roberti.6440    Mr. Roberti. Senator Cantwell, I would say that in my6441history at PHMSA, the inspection enforcement teams know how6442important I think what they do is to carrying out the mission6443of safety. And I certainly would impose no chilling effects on6444them exercising their duty subject to oversight. My oversight6445as administrator to make sure that we are fair, transparent,6446and impartial in the way we cite operators for violations of6447Federal standards.6448    Senator Cantwell. Now, quickly, Mr. Morrison, could you--6449because I have a question for Mr. Roberti--what are your6450priorities in setting regulations, the brake--the emergency6451brake issues for trucks? What are your first priorities?6452    Mr. Morrison. I think first, the need to get in. I am not6453in the building now, and so I need to make sure that I get up6454to speed with the agency, and so forth.6455    Senator Cantwell. Is there anything that bothers you right6456now that you think we need a regulation on?6457    Mr. Morrison. I think one thing we need to explore and I6458mentioned this in my testimony, during the first term we had6459worked on autonomous vehicle safety, you know, framework taking6460comment from the public, working with industry to get a sense6461of the state of technology. I think the state of technology has6462moved forward now. And I think we are at the point now where we6463need to start looking to find ways we can build a public trust6464and that includes guidance documents and regulation, once we6465are at that point.6466    Senator Cantwell. Yes, I will ask some more for the record6467on that.6468    But Mr. Roberti, you mentioned the cybersecurity problem6469and you know pipelines are now--you do not threaten the United6470States anymore by--well you might but you know--sending a sub6471into our waters, or a plane into our airspace. You basically6472use the pipeline system or some other system to cause failure.6473So what do we need to do to accelerate our protections of our6474U.S. pipelines?6475    Mr. Roberti. Well, the cybersecurity jurisdiction resides6476within the Department of Homeland Security. During my last time6477at PHMSA, we negotiated and executed an interagency--6478interdepartmental agreement to help bolster our presence in6479control rooms working with the Transportation Security6480Administration. We also engaged directly with the Department of6481Energy.6482    I think that across the Federal landscape there needs to be6483full engagement information sharing, and thinking about how we6484can leverage each other's resources. And PHMSA has inspectors6485out in the field, TSA does not. So we work to partner with them6486to bring more visibility and put an eye on some of the6487important factors of what operators should be doing on the6488pipeline front, collaborating----6489    Senator Cantwell. Does not Colonial tell us we need some6490sort of task force? And you mentioned the private sector, I am6491a big believer in encouraging that dialogue back and forth, but6492the problem is here you are way down in the bowels of DOT, and6493yet this is a big infrastructure issue for the U.S., and how do6494we get it elevated so that we are putting the best cyber minds6495onto this particular task?6496    Mr. Roberti. Yes. So as I said in my testimony, this is a6497top priority for me. The threats are--the threat vectors are6498always--they are constant, and they are always changing and6499they are always evolving. I think what you need are people who6500come into these positions to have that at top of mind. Those6501are the things that should wake any administrator up at 2 a.m.6502    That should drive extra activity toward coordinating with6503other Federal agencies, the FBI, the Department of Energy, the6504Federal Energy Regulatory Commission, the Department of6505Homeland Security, so that we have constant information sharing6506and to be thinking about in the field both from a physical and6507cyber perspective: Where is the next wave of attack going to be6508based upon what we have witnessed.6509    But remember this, in my experience, I have a lot of6510experience with this working in prior--in prior positions, it6511is never the moment that the attack of today is an indicator of6512future threats but does not necessarily replicate what that6513next threat vector and attack will be. And that is where we6514need tremendous vigilance. There is not enough of it.6515    Senator Cantwell. I am out of--we are way out of time, but6516that is a very important, I am glad you have such fervor on6517that point.6518    Thank you, Mr. Chairman.6519    The Chairman. Thank you. Senator Blackburn.65206521              STATEMENT OF HON. MARSHA BLACKBURN,6522                  U.S. SENATOR FROM TENNESSEE65236524    Senator Blackburn. Thank you, Mr. Chairman, and6525congratulations to each of you.6526    Mr. Barrs, I want to come to you. I know that Chairman Cruz6527talked to you about the fake CDLs, but there is another issue6528that we have heard a good bit about, and it is during the Obama6529years, they would not prohibit individuals who did not speak6530English, could not read English from having commercial drivers6531licenses. And one of the things that Secretary Duffy has done6532is to look at this and to end this practice. It is a public6533safety issue.6534    So I would like for you to speak for a moment about the6535need to have people that can read and speak English as the6536commercial drivers and making our highway safer?6537    Mr. Barrs. Thank you, Senator, for the question. And you6538are right. And I have mentioned in my opening statement, of6539course, my career speaks for itself with--in law enforcement.6540And I have been a roadside inspector, and inspecting commercial6541motor vehicles, and understand that the difficulty that it6542places on me as the inspector of having to communicate with6543someone who cannot communicate with you.6544    As an inspector, if I am going to do a level 1 inspection,6545which is doing a full inspection of that vehicle, and having to6546get up under and check brakes and so forth, I need to be able6547to communicate with that driver, not only for the safety of the6548roadway drivers, but also me as the inspector if I am going to6549inspect that truck.6550    So it is extremely important that that driver is able to at6551least have a conversation, understand the commands, and6552understand our road signs for safety. It is safety first, and6553that is where I believe my experience comes into this as6554understanding the effects that it plays on roadside as well.6555    Senator Blackburn. Well, you know, we are a logistics hub6556in Tennessee.6557    Mr. Barrs. Yes, ma'am.6558    Senator Blackburn. And the Memphis area with all five class6559one railroads with the port, with FedEx. So this is something6560that during previous administrations there was quite a bit of6561concern.6562    Mr. Morrison, I would like to come to you. Auto engineering6563and innovation is something we do very well in Tennessee as we6564have several of the automakers there, and we want to continue6565to set the pace when it comes to auto innovation, autonomous6566vehicles are something that there is a lot of work being done6567around these, and we want to make certain that we are setting6568the standards on this, that it is not China or someone else6569that is setting the standards.6570    And what I would like to hear from you is what specific6571steps you feel like you can take so that we stay in that6572driver's seat, if you will, when it comes to global auto and6573autonomous innovation?6574    Mr. Barrs. Fantastic question, Senator, and thank you for6575asking it. I think from what I have heard from industry over6576the last several years, is there may have been a bit of a lack6577of Federal leadership in this space. That means a lot of6578engagement with industry to understand the technology, what are6579the protocols for development and future deployment plans.6580    The last thing you want to be in industry is spending6581billions and billions of dollars down a particular6582technological pathway and then have the Federal Government shut6583the door on that pathway. That has a major chilling effect on6584investment, and that is something we have to avoid, so by----6585    Senator Blackburn. Well, and we need national standards6586too.6587    Mr. Barrs. Yes, absolutely. And you may have heard,6588Secretary Duffy has made a core part of his mission6589establishing a Federal framework for AV policy, and that is6590something I am very excited to work with him on.6591    Senator Blackburn. Right. One item I do want to highlight6592with you, there is legislation, the She DRIVES Act, this is6593something Senator Fischer and I have worked on. Now, what we6594know is that women are 75 percent more likely to be injured,6595and 17 percent more likely to die in auto crashes. And one of6596the gaping holes, if you will, was that crash test dummies were6597all male configurations and not female. And so this would6598require utilization of those female crash dummies as you are6599doing these tests.6600    So I just want to highlight that with you as you are6601modernizing testing protocols, that consideration needs to be6602given in that regard.6603    And my time is about to run out so I will get you to do6604this one on the record for me, a response on the record. The66052022 GAO Report showed that NHTSA failed to complete 17 of 226606mandated rulemakings by their deadlines. And these deadlines6607are set in law. They are not suggestions. They are6608requirements. So I would like to have you submit to me what you6609will do to decrease these long delays when it comes to the6610rulemaking and implementations? Thank you.6611    Thank you, Mr. Chairman.6612    The Chairman. Thank you, Senator Klobuchar.66136614               STATEMENT OF HON. AMY KLOBUCHAR,6615                  U.S. SENATOR FROM MINNESOTA66166617    Senator Klobuchar. Thank you very much. And thank you to6618Senator Lujan for letting me go first here.6619    So distracted driving, Mr. Morrison, I have long done a lot6620of work in this area like many of our senators, we have lost6621several constituents including 19-year-old Shreya Dixit from6622Eden Prairie who died just so young, involving another driver6623when she was a passenger. You mentioned in your testimony that6624too many crashes involve distracted drivers and the importance6625of working with local law enforcement. I think people do not6626understand how many it is.6627    Early on I worked on drunk driving a lot when I was6628prosecutor and this has kind of done some good things there,6629not enough, but it has kind of taken over. And could you talk6630about the work that you will do, I was thinking back to6631Secretary LaHood did a lot in this area early, early on, talked6632about what you would like to do on distracted driving?6633    Mr. Morrison. Absolutely. And thank you, thank you Senator,6634for the question, and thank you for your leadership in this6635area. You know, we have had over 3,000 fatalities each year,6636going back to the last 5 years, that are distracted, and I6637think that is very well undercounted. Unlike impaired driving6638where somebody can--you know, there is a blood test, or a6639breathalyzer test where you can tell if somebody is impaired,6640with distracted driving, it is much more difficult to determine6641that because you do not have ability to determine whether or6642not somebody was using a phone while they are driving. So I6643think that is undercounted. I think the messaging that the6644agency puts out there is very important.6645    Senator Klobuchar. Yes.6646    Mr. Morrison. I would look to double down on that6647messaging, and then also working with law enforcement too.6648    Senator Klobuchar. And trying to figure out if the spot6649checks are working, or what works, kind of some updated6650information will be helpful for us. I think catalytic converter6651theft, I am sure aware of that, these catalytic converters6652taken from unattended cars. And last week, Senator Moreno, who6653knows a little bit about cars down there, he and I reintroduced6654the PART Act to provide law enforcement officers with the tools6655and resources they need to crack down on the crimes.6656    The bill actually, if you could look at it, tasks NHTSA6657with updating motor vehicle theft prevention standards to6658ensure converters are marked with a traceable ID number, these6659are oftentimes horrible, criminal cartels and organizations6660that engage in this theft. Do you commit to working with us on6661this issue?6662    Mr. Morrison. Absolutely. Catalytic converter theft is a6663scourge in our society. It creates a huge amount of6664inconvenience. It is, you know, it is very expensive to6665replace. And if that bill is passed, I will absolutely be6666looking forward to implementing it.6667    Senator Klobuchar. OK. Thank you.6668    Mr. Barrs, congratulations. According to recent reports,6669FMCSA's Carrier Enforcement efforts have slowed, or at least6670there is not a quarterly motor carrier safety progress report6671this year. Could you talk about how, as a retired law6672enforcement officer, how law enforcement acts as a deterrent to6673unwanted and unsafe behavior? And will you move these reports6674and other things along if you get into your position?6675    Mr. Barrs. Yes, ma'am. Thank you for the question, Senator.6676That is very important to make sure that we are strengthening6677enforcement, compliance, and training, and also the uniformity6678of making sure things are across the board are the same. I look6679forward to being able to understand what is going on within the6680agency of where there are some of these lacks potentials may be6681happening, if you will, and making sure that the investigations6682are being completed and that we are taking bad actors off of6683our roadways that need to--carriers out of service if that is6684the case, or whatever interventions that have to--need to take6685place as well.6686    Senator Klobuchar. Thank you. Yesterday the Senate6687Judiciary Committee, with Senator Grassley and Senator Durbin6688held a bipartisan hearing on retail theft. And actually one of6689the eye-opening things for me out of that hearing was cargo6690theft, and how these crimes impact the entire food chain, and6691supply chain. And I had no idea how much was going on.6692    One dairy protein export company in Minnesota has reported6693an average of one to three break-ins per month in containers of6694dry milk powder. If confirmed, will you work to commit to6695combat these crimes as opposed to committing these crimes?6696    Mr. Barrs. Senator, thank you for the question. And that is6697a large yes. And working closely with all the different6698stakeholders we have, that has got to be a focus in our time6699that I have worked on the Law Enforcement Advisory Board for6700the American Trucking Association. That has been one of their6701key points for us to work collaboratively with all the6702different stakeholders to combat this. But I look forward to6703working with you and others on this.6704    Senator Klobuchar. OK. Thank you very much.6705    Mr. Roberti, I had a question on cybersecurity. I heard it6706was asked, so I am going to just confound the other members,6707like when you ask a question here, then you ask it again6708because you want to hear the answer. But I will look back at6709your answer to the question. And it means a lot that Senator6710Whitehouse introduced you. Thank you.6711    Mr. Roberti. Thank you, Senator.6712    The Chairman. Thank you. Senator Moreno.67136714               STATEMENT OF HON. BERNIE MORENO,6715                     U.S. SENATOR FROM OHIO67166717    Senator Moreno. Well, thank you, Chairman, for having this6718hearing. Thank you for the three of you for your willingness to6719serve this country.6720    Not shockingly, I will start with you, Mr. Morrison, on the6721car side of things. So I think it is important to set the stage6722because I think there are a lot of things that happen here that6723are partisan, there are a lot of things that can be6724extraordinarily bipartisan. Safety is something that would be6725extremely bipartisan. There is not a Republican, that I know,6726that would want our roads to be less safe.6727    But generally, and you talked about this in your testimony,6728I think we need to dive deeper into it. Talk about where we are6729today with the age of our fleet, so in other words, the average6730car, how old is the average car out there right now?6731    Mr. Morrison. The average age of a vehicle in our fleet, we6732have 300 million or so vehicles in our light-duty fleet, it is6733approaching 13 model years old, and the safety implications of6734that are profound. A few years ago, NHTSA did a study6735evaluating the impact just on age, model year, age of a6736vehicle, and found that a vehicle that is 12 to 15 model years6737old versus a vehicle that is zero to six model years old, there6738is a 19 percent higher chance of a fatality if you are in a6739crash. It is a profound impact. So getting the age of these6740vehicles down is critical.6741    Senator Moreno. Right. So I think one of the things that we6742should hyper focus on is how do we reduce the age of the fleet?6743How do we get that average back to eight, nine years old where6744it used to be? And it is obviously about automobile6745affordability. So I just want to tick through some statistics6746because I think it is just interesting.6747    So 10 years ago, if you were a car company, you had to6748produce cars that generally had a fuel economy rating somewhere6749around 35 miles per gallon 10 years ago, so 35 MPGs, pretty,6750pretty high. You and I are probably around-ish the same age.675135-mile-per-gallon car back when we were kids would have been6752pretty good, right? Ten years later, that standard became 396753miles per gallon. So 35 to 39, you think, well, that is6754decently achievable over a decade.6755    Under the Biden administration, they wanted that to be 506756miles per gallon in 2 years; 34 to 39 over a decade, 39 to 506757over 2 years. Is that reasonable or achievable?6758    Mr. Morrison. I think that is being evaluated right now at6759the agencies.6760    Senator Moreno. Yes. And I will paraphrase, insane. And on6761top of that, places like where you live, California, where6762insane goes to get crazier you had the ability for California6763to set different standards. Now, thanks to this Congress,6764California no longer can set a different emission standard, or6765CAFE target, or electric vehicle mandate than the rest of the6766country. And thanks to our leadership of our Chairman, I will6767give him full 100 percent credit, car companies no longer have6768to pay these outrageous fines.6769    And I just want to quantify that. Last year, car companies6770paid Tesla almost $3 billion in credits so that they could6771avoid these fines. Who pays those--who pays that money? Like6772ultimately, is it the car companies?6773    Mr. Morrison. Yes. At the end of the day, consumers are6774going to pay for that, right?6775    Senator Moreno. And so to--but how they--how do they pay6776for it? So here is, here is something else that happened during6777the Biden era. The average car price went up $8,000. That is6778almost 20 percent. So somebody who was shopping for a car 56779years ago and shopping for a car today, they are seeing an6780increase of 20 percent. So what is the result? I am holding on6781to my car. That is how the cars got older. And if we can get6782this idea of how do we drive down the price of automobiles?6783    I want to just ask you, Mr. Morrison, would you be willing6784to take a leadership position, as President Trump is6785renegotiating trade deals with other countries, to harmonize6786standards? So now the good news is Ohio, California, New York,6787Florida, one set of standards. But now let us make it so that6788any car that is qualified as a standard in America, or Europe,6789or South Korea, or Australia, one set of standards. Would you6790commit to leading that effort?6791    Mr. Morrison. Yes, if the President asked me, I would6792absolutely support that.6793    Senator Moreno. All right. And then let us think about6794something else. How do we drive down the price of automobiles6795by getting rid of just insane Federal regulations? I do not6796drink at all. And yet in the Infrastructure Law, which has to6797do with roads and bridges, they snuck in a provision that6798starting in 2026, model year vehicles, I have to have an6799impairment detection device in my vehicle before my car can6800start. Is that going to be free?6801    Mr. Morrison. No technology is free.6802    Senator Moreno. No technology is free. So why would I have6803to have an impairment detection device in my car? I mean that6804makes no sense--that does not lower the price of cars, right?6805That raises the price of cars. So we have to--if the North Star6806is safety, we should have total and complete consensus around6807this idea of lowering auto prices.6808    And obviously, Mr. Chairman, as you know, because I ask you6809about every time--I ask you about this every time I see you, we6810should have a totally separate hearing on what we can do here6811at the Federal Government to lower the price of automobiles.6812When affording a car is out of reach for most Americans that6813has grave implications for job seekers, for the ability to get6814to hospitals, for ability to have personal freedom, so we need6815to drive down the cost of automobiles. And I hope when you are6816confirmed, and you are in that agency, that you are there to6817get that done, and to drive down the cost of automobiles.6818    I am over time. So thank you, Mr. Chairman, for your time.6819    The Chairman. Thank you. Senator Lujan.68206821               STATEMENT OF HON. BEN RAY LUJAN,6822                  U.S. SENATOR FROM NEW MEXICO68236824    Senator Lujan. Thank you, Mr. Chairman.6825    Here is a thought, Mr. Morrison. Why don't you just6826eliminate seat belts from cars, eliminate backup cameras from6827cars? Hell, stop making them out of metal. Make them out of6828plastic. And let us find the cheapest car that we can sell to6829the American people to modernize the fleet and more people will6830die. I do not know if my colleagues know this, but there was6831not a provision snuck into a piece of legislation that is going6832to save people's lives in America.6833    You and I met. I asked the same questions to Secretary6834Duffy. I was surprised to learn from him that his wife also6835survived a horrible crash. I do not know if you know this,6836Senator Moreno, but I survived a head-on car collision in my6837early 20s when I was driving home from a basketball tournament,6838because a guy was drunker than shit and drove right into me, in6839front of my church, in front of the place where my grandfather6840is buried.6841    I am a person of faith like you. Somebody help save my life6842that night. 10,000 people die a year in America because we want6843to talk about self-driving cars. Hell, I can go to states right6844now and jump in a cab and there is no driver. That is safe? And6845we cannot install technology that nine auto manufacturers have6846already filed patents. This legislation worked. The markets are6847reacting.6848    In Europe, you can already get in a car that has this6849technology available, not just to tell if you are drunk, but to6850tell if you are impaired. The technology exists. 14 tier one6851and tier two suppliers. Look, I am not an auto person, but I6852understand that those are the folks that the major auto6853manufacturers work with, to get technology in vehicles. They6854can tell if you are impaired.6855    Hell, go to an auto show. If I sold cars, I would go to6856several auto shows to see what the latest and greatest is you6857can get in those cars. And you would be surprised how much6858technology exists today. These are not the questions that I6859planned, but when someone is suggesting that legislation was6860snuck into a bipartisan bill, I do not think Rick Scott is a6861liberal member of this body. He was my partner. Senator Capito,6862who also sits on this Committee, has been a driver of this6863legislation. I have been proud to earn the support of my6864colleagues from across the country to get this done. We have6865got to find a way to do it.6866    So my question to you, Mr. Morrison is, this piece of6867legislation that is called the HALT Act, it is the honoring the6868Abbas family legacy to terminate drunk driving, who lost a6869family member to a drunk driver. There are rules currently6870pending at the Department of Transportation. I am very6871disappointed that under Secretary Pete Buttigieg under6872President Biden, this was not finalized.6873    It was bipartisan. We worked on it bicamerally, bipartisan6874in both chambers and got this done. We negotiated with the auto6875manufacturers. Everyone was at the table. Someone from Mothers6876Against Drunk Driving is actually in this room. I hope all of6877us take time to sit down with them and find out how many people6878are dying in our states so that we can all get behind this6879technology.6880    Can I get your commitment, sir, that you will make progress6881on moving forward the existing rulemaking pursuant to the HALT6882Act?6883    Mr. Morrison. Absolutely, absolutely. And as I said when we6884met in your office, and I enjoyed our meeting, I thought it was6885a productive meeting. I am not in the building now. It is a6886day-one priority of mine to get in there and get a sense of the6887state of the technology. That is the technology that DOT has6888been working on for years, but not just the state of that6889technology, but the state of the technology that is being6890developed elsewhere. That is something that I----6891    Senator Lujan. I appreciate. I mean, that is all we can ask6892for. There should be no question that existing technology6893works. And some people are actually driving cars that do this6894stuff already. It is working. Another issue that I care about6895deeply is ensuring that trucks have side underride guards to6896prevent cars, pedestrian, and bicyclist from being crushed6897underneath. As a result, according to NHTSA, the cost of6898installing side guards exceeds the benefits.6899    Unfortunately, to reach this estimate, NHTSA makes6900assumptions in their cost benefit analysis that excludes whole6901categories of preventable deaths of vulnerable road users, such6902as pedestrians, bicyclists, and motorcyclists. I do not6903understand that. If it is going to be studied, it should be6904studied. And then an answer should result based on whatever the6905research is.6906    Yes or no, will you commit to counting pedestrians and6907bicyclists as preventable deaths for vulnerable road users in6908the cost-benefit analysis and any future rulemakings on side6909underride guards?6910    Mr. Morrison. I will work with the economist with the NHTSA6911to make sure that everything appropriate is being considered. I6912am not familiar with that particular study that was issued, but6913it is something I will work on.6914    Senator Lujan. I appreciate that. Mr. Barrs, in New Mexico,6915we see firsthand the dangers that come with heavy freight6916traffic on highways, especially along I-40 and I-25, the two6917major arterials in our state, where my constituents have raised6918real concerns about safety. Truck crash deaths are up more than691960 percent nationwide since 2009, including nearly 5,500 lives6920lost just last year. What steps will you take as the6921administrator to make sure the FMCSA is doing everything it can6922do to reduce crashes and protect drivers and families on our6923roadways?6924    Mr. Barrs. Senator, thank you very much for the question.6925Roadway safety being top priority for me and my career, as I6926mentioned in my open statement, working closely and with our6927MCSAP grants, and the law enforcement officers in your state--6928--6929    Senator Lujan. Yes.6930    Mr. Barrs.--making sure they are doing the aggressive6931traffic enforcement that needs to be done. Also going and doing6932the inspections that need to do, and try to do preventative6933concerns, finding those violations well before they happen so6934we can prevent those crashes from happening during a road--6935regular routine inspection is critical.6936    Senator Lujan. Appreciate that.6937    Mr. Chairman, I have other questions. I will submit them6938into the record. I thank you for the time. I just hope we can6939find some common ground on public safety. I heard like my6940colleagues say that that is something Democrats and Republicans6941agree on. Do we or don't we? It is time to put up or shut up6942when we get these rules in place, and we are to choose to save6943the American people or we are not. That is what it is going to6944come down to.6945    And I hope that we can find common ground to get this done.6946It is not easy to talk about almost dying. Sometimes things6947happen for a reason. And I guess that I have learned from this6948President, if God gives you another chance, you had better do6949something with it. And I will be damned if I am not going to do6950something about it.6951    Thank you for the time, Mr. Chairman.6952    The Chairman. Senator Peters.69536954                STATEMENT OF HON. GARY PETERS,6955                   U.S. SENATOR FROM MICHIGAN69566957    Senator Peters. Thank you, Mr. Chairman.6958    Mr. Morrison, congratulations on your nomination to serve6959as the Administrator of the top Auto Safety Regulator here in6960the country. As a senator from Michigan and the Chair of the--6961or Ranking Member of the Surface Transportation Subcommittee,6962two of my top priorities are saving lives on our roadways and6963making sure the automotive industry has the regulatory6964certainty that it needs to continue to innovate, and to compete6965on a global scale helping us to reach those security goals.6966    So my question for you, sir, is NHTSA, as you know plays a6967key role in ensuring that NHTSA certified vehicles are6968recognized and accepted in other markets which is critical to6969the American auto competitiveness of our industry. So my6970question is, if confirmed, will you ensure that NHTSA strongly6971supports the mission, including harmonization efforts and6972leadership in global regulatory bodies to prevent non-tariff6973barriers on American autos?6974    Mr. Morrison. Yes, it is an important part of NHTSA's6975mission, working with the other countries on trying to create6976global technical regulations. And they are very active in that,6977and that is something I look forward to continue to work on.6978    Senator Peters. Very good. I was encouraged to see NHTSA's6979recent announcement that it will pursue a regulatory framework6980for autonomous vehicles that includes objective testing6981standards and rulemaking. However, I am concerned by the6982reports that as much as over half of the Office of Automation6983Safety, which I push to fund, has been terminated--has been6984terminated in staffing cuts, basically, at NHTSA.6985    This office will be responsible for carrying out rulemaking6986efforts related to autonomous vehicles, and other safety6987technologies, which experts tell us will take a high level of6988technicality and expertise, not to mention manpower, to figure6989all of this out.6990    So I have a couple questions for you. First off, can you6991commit to fully staffing offices like the Office of Automation6992Safety to ensure that they can competently and successfully6993carry out rulemakings relative to AVs and other cutting edge6994technologies?6995    Mr. Morrison. I have seen media reports. I am not in the6996building now, but I have seen media reports about staffing. I6997think a lot of people may have left pursuant to a deferred6998resignation program. But I know Secretary Duffy has mentioned a6999number of times that where there are gaps that need to be7000filled, particularly to achieve priorities, we will fill those7001gaps.7002    Senator Peters. So you will be committed to fully staffing7003it. You are giving me that commitment today?7004    Mr. Morrison. Yes, I will be committed to looking to higher7005up to make sure that we can achieve those goals.7006    Senator Peters. Based on your experience in NHTSA, do you7007believe the agency can carry out multiple rulemakings related7008to autonomous vehicles and make needed progress on the over one7009dozen overdue rulemakings mandated by Congress, if it faces7010significant personnel cuts?7011    Mr. Morrison. Again, I am not there now. I do not know how7012the staffing is allocated. But I will commit to looking to make7013sure that we have adequate manpower to complete our mission.7014    Senator Peters. What actions do you believe are necessary7015to ensure deployment of autonomous vehicles is safe,7016transparent while also ensuring that the United States is at7017the forefront of innovation? Please tell me kind of your7018thoughts about what we need to do.7019    Mr. Morrison. I think first and foremost we need Federal7020leadership in this space. And that involves I think, in large7021part, using the convening authority of the Federal Government.7022Meeting with the developers, meeting with technical safety7023experts to understand the state of the technology now, the7024development pathways that various entities have been pursuing,7025and making sure that the industry understands what the agency7026believes are the appropriate paths forward.7027    I think getting that understanding with industry, having7028the industry gaining an understanding of the agency's7029perspective, I think that is something that may have been7030lacking, and that is a major gap I look to fill. And that is7031going to involve guidance, and as I mentioned in my testimony,7032yes, it will involve regulation once that is ready.7033    Senator Peters. What specific risk do you see to the United7034States if we do not remain at the forefront of AV innovation,7035especially with China's major strides in this area, as you are7036probably well aware they are investing massive amounts of7037money, and believe this is the future of transportation, so7038what are your concerns related to that?7039    Mr. Morrison. My concerns that we have a foreign adversary7040of this country who has investing incredible amounts of7041resources into this industry. And they are looking to push7042things forward. From what I have heard, I am not over there; I7043have heard that some of the developmental pathways that they7044are approaching are not as robust as the industry is used to.7045That is something that gives me pause. It gives me concern.7046    But if they win that technological race, they will be the7047ones that are sending--setting these global standards and their7048technology will be that that is deployed around the world. And7049that is something we cannot have.7050    Senator Peters. Mr. Roberti, the Commerce Committee is now7051actively working on a Pipeline Safety Reauthorization effort as7052you know. I am a little over time, but perhaps as quickly as7053you can, if you could just give the Committee what is kind of7054top of mind to you as the top issues that this bill needs to7055address?7056    Mr. Roberti. Well, certainly from the last7057reauthorizations, there are a number of outstanding mandates. I7058think that is a high priority to complete mandates. Looking7059forward, you know, not being at the agency yet, I hope to7060engage with your staffs in your offices to come to some7061conclusions on what would be best in that authorization.7062    Senator Peters. Very good. Thank you, Mr. Chairman.7063    The Chairman. Thank you. Senator Markey.70647065               STATEMENT OF HON. EDWARD MARKEY,7066                U.S. SENATOR FROM MASSACHUSETTS70677068    Senator Markey. Thank you, Mr. Chairman. Mr. Morrison, let7069us start with an argument in your testimony. Regulations raise7070car prices. This argument is not new. In fact, automakers have7071always fought common sense safety regulations by saying they7072are too expensive.7073    Let us look at a few examples. In 1961, The New York Times7074reported on the fight to require seat belts in vehicles, The7075New York Times reported that quote, ``Car manufacturers still7076are adamant in their position that safety must be keyed to7077cost. If this contention prevails, the seat belt will be an7078optional item of extra cost.''7079    Mr. Morrison, yes or no, was the government right to7080require seat belts in every vehicle?7081    Mr. Morrison. Absolutely.7082    Senator Markey. All right, that is good. Here is a headline7083from April 6, 1975, titled: ``Industry resists car safety cost7084that documents how the auto industry lobbied against requiring7085airbags in every vehicle.'' Mr. Morrison, yes or no, was the7086government right to require airbags in every vehicle?7087    Mr. Morrison. Eventually, yes.7088    Senator Markey. Yes. And that brings us to today. Here is7089the headline from June 24, 2024, ``Automakers ask U.S. agency7090to reconsider emergency braking rule.'' Now, automakers are7091urging the National Highway Traffic Safety Administration to7092repeal its rule issued last year requiring automatic emergency7093braking in new vehicles, in part, based on cost.7094    Mr. Morrison, I understand that the Trump administration is7095currently reviewing that Automatic Emergency Braking Rule.7096Given the automakers history of opposing common-sense safety7097rules, do you agree that safety regulators should be skeptical7098of industry's arguments?7099    Mr. Morrison. I think regulators need to do their own7100homework and evaluate the costs, it is built into the SAFETY7101Act, that one of the very important aspects of the Federal7102Motor Vehicle Safety Standard is that notion of practicability7103which does have cost implications, so that is something that7104the agency needs to do independently.7105    Senator Markey. Well, here is my message to you, Mr.7106Morrison. The automakers have cried wolf far too many times for7107us to take their arguments seriously. That is the answer I7108wanted to hear. Are there costs to implementing these7109requirements? Of course, but these measures might save your7110daughter, your son, your father, our mother, our brother. And7111to me, that is worth it.7112    And that is why we have seat belts. That is why we have7113airbags. And that is why we need emergency braking in order to7114make sure that we protect family members who, otherwise, would7115be injured or die.7116    Mr. Roberti, I hosted you in Massachusetts in 2018, thank7117you for coming, after pipeline explosions destroyed dozens of7118homes and killed a young man. And you know, safety saves lives,7119Mr. Roberti. If confirmed, will you finalize the 2023 Draft7120Rule requiring that my Pipeline Safety Law passed in the Trump7121era, PIPES Act of 2020, is finalized?7122    Mr. Roberti. Yes.7123    Senator Markey. Thank you. And Mr. Roberti, we have seen7124Elon Musk's DOGE staff come into agency after agency and7125sabotage our government's ability to keep the public safe, from7126the FAA, to the National Weather Service. So Mr. Roberti, if7127DOGE staff told you to stop enforcing regulations, or to fire7128inspection and enforcement staff who keep our system safe,7129would you do it?7130    Mr. Roberti. The answer is that the critical safety--7131critical safety positions include inspection enforcement7132personnel. They are not part of any layoffs, or any part of7133workforce reduction, and if confirmed, as I have said, having7134an effective, a strong, robust inspection and enforcement7135program is the heart of the safety mission and I will certainly7136commit to that.7137    Senator Markey. All right. Well, again, the question of7138DOGE undermining public safety is not a hypothetical. It is7139already happening. We have seen it in other agencies. And we7140have already seen services disrupted and lives lost as a7141result. The only question is whether we are going to have7142enough courage at the agency to protect our Pipeline Safety7143Agency from those DOGE attacks. And that will be your7144responsibility, Mr. Roberti, to put safety first.7145    With that, thank you, Mr. Chairman.7146    The Chairman. Thank you. Senator Fetterman.71477148               STATEMENT OF HON. JOHN FETTERMAN,7149                 U.S. SENATOR FROM PENNSYLVANIA71507151    Senator Fetterman. Thank you, Mr. Chairman. Welcome, Mr.7152Roberti. Is it fair to say that we had a warm, cordial, and7153productive meeting yesterday in my office?7154    Mr. Roberti. Senator, yes, I really enjoyed meeting with7155you yesterday.7156    Senator Fetterman. Yes, I thoroughly--I thoroughly did too.7157And yesterday, we talked about, you know, my real issue is, and7158my commitment is that I was not here today to create theatrics,7159and I am not looking for clipping, or to make up on MSNBC, or7160the thing for me. I am coming here because--and I know you are7161aware of a problem in my state in a very specific county. And7162for me now, in a minority situation as a Democrat--I am very7163confident that you will have all the votes necessary to be7164confirmed.7165    So for me, as a Democrat voting for nominees, for me, it is7166a statement saying: We want to find a relationship, we want to7167work together to look for wins, for wins for my state, for the7168constituent, or really a win in Pennsylvania ultimately is a7169win for the country. And today, and I made a promise with you7170to not to turn this into confrontation or anything, and so7171today I am here to discuss for folks it is a pipeline 105 miles7172long, with jet fuel across, you know, Southern Eastern7173Pennsylvania.7174    And then essentially there was--everybody agrees that there7175was a leak. And you know, I am part of it because I fly 50 out7176of 52 weeks. So we all need jet fuel, and we need to--you know7177it is not a--I am not condemning anyone that produces jet fuel.7178It is really that the problem is that it actually got into7179someone's wells in Bucks County.7180    And today, so I am here today, I am here, I have--we have a7181constituent here from Upper Makefield, and her name is7182Christine, and I think she is here today. And now she has water7183that was contaminated by jet fuel and she brought--she actually7184brought a sample here. And I am not going to--you know, it is7185like--you can submit questions or you can submit--you can7186submit testimony, and I am actually, respectfully, submitting7187this, and encouraging you anybody to just smell it because it7188honestly feels just straight up like fuel. I would not want to7189put a flame around it honestly.7190    And for me it is like I am really just welcoming because I7191really--I just want to work together, you know, for a solution7192here. You are not responsible for any of this, or participate7193in all of this stuff. You know, you just have a--you know, you7194would be in a situation to actually work together to create7195that.7196    So you know, I really would like to work with my friend and7197colleague, Congressman Brian Fitzpatrick, and we really are7198pushing to just--whether it is shutting it down, or to do7199whatever necessary until we can figure out really what is7200happening. And now for me today, it is like, as I said in my7201office, is if you are--if you are able to extend a commitment7202to work together in my office, then I am here today to extend a7203commitment to vote for you. Because for me it is about voting7204for you is about desiring a relationship to find a solution for7205this--for this land owner but also for my state. Mr. Roberti?7206    Mr. Roberti. Thank you, Senator. From what I have read, not7207being in the agency, but that was a serious incident. It is7208under investigation. A notice of proposed safety order was7209issued. I think it followed with a corrective action order if7210I--or a consent order, and that that matter remains under7211investigation.7212    As I said to you yesterday in your office, if confirmed I7213would like to go to the scene----7214    Senator Fetterman. Correct, yes.7215    Mr. Roberti.--with you. I would like to visit that scene.7216While the investigation is pending, I do want to see7217investigations like that proceed in the most expeditious manner7218so that we can get to the bottom of what happened and make7219those determinations as to the safety of that pipeline going7220forward. And that I commit to do.7221    Senator Fetterman. Yes. Well, I will say it again, now, it7222is becoming more and more politically difficult or punishing,7223to vote and to want to work with the other side, but today, you7224know, you have extended your willingness to work together for a7225solution, and I am--to extend my desire to want to vote and7226support your candidacy for this.7227    And thank you, Mr. Chairman. Thank you.7228    The Chairman. Thank you. Senator Young.72297230                 STATEMENT OF HON. TODD YOUNG,7231                   U.S. SENATOR FROM INDIANA72327233    Senator Young. Mr. Morrison, Mr. Barrs, Mr. Roberti,7234congratulations on your nominations. I hope we will have an7235opportunity to serve together.7236    Mr. Morrison, as you are well aware, NHTSA has been without7237a Senate-confirmed administrator for quite some time now, and7238there are many priorities my colleagues and myself could7239discuss with you on ways to improve safety, increase7240efficiency, and efficacy, especially with respect to7241rulemakings, and modernize Federal motor vehicle safety7242standards, to name a few.7243    But I want to focus my questions to you on the issue of7244autonomous vehicles, or AVs. For several years now, Congress7245has been working to establish a comprehensive AV framework that7246unlocks the ability for industry to safely deploy self-driving7247vehicles. I am working to develop legislation regarding this7248framework. One that prioritizes safety of course, but also7249provides certainty to industry, unleashes the ability for7250greater deployment, finds opportunities for job growth, and7251importantly secures American global leadership in this space.7252    China is looking to supplant our leadership here. So it is7253imperative that we establish rules of the road that can protect7254our national and economic interests and also benefit American7255companies and consumers. For years, we have seen this industry7256grow with advancements in technology and engineering standards7257as well as an increase in commercial AV testing and operations7258across the United States. However, I believe it is past time7259that we modernize the Federal Motor Vehicle Standard Safety--7260Safety Standards for AVs.7261    Sir, what are the first AV rulemakings you would like to7262address and what areas do you think NHTSA is best suited to7263lead on these issues?7264    Mr. Morrison. Great question, Senator. I think as it7265relates to rulemaking, there are several things that we need to7266do. I think one, which we kicked off during the first term was7267evaluating those unintended and unnecessary barriers to7268innovation. You know, keeping that same level of safety, but7269just finding things that are like, you know, language in the7270rulemakings that reflate to a driver being in the vehicle.7271    So that is something we cleaned up in one part. I think7272there is a lot of additional work to do in that area. I think7273that is one way just to allow for innovative designs in a--you7274know, in a manner that still meets the same you know need for7275safety just to allow for the deployment of these vehicles in7276self-certified manner. I think that is something that is very7277important. Two, I think guidance, you know, you do not7278necessarily need to do rulemakings on everything. You do not7279necessarily need to clog up the Code of Federal Regulations you7280know even further.7281    I think giving guidance to industry on what expectations7282are for safe development. You know, these are not legal7283requirements for them but what we see as best practices, the7284agency as best practices, if I am confirmed, that is something7285that I would look to pursue. And this is all part of the7286Secretary's greatest--greater, you know, AV framework that he7287has talked about.7288    You know, eventually, once the technology is fully7289understood that is when we can start talking about actual7290performance requirements for the technology itself. So I think7291it is a bit of a multi-prong approach.7292    Senator Young. Yes.7293    Mr. Morrison. A lot of it is going to involve just7294engagement, sitting down with----7295    Senator Young. I agree with that.7296    Mr. Morrison.--sitting down with technical safety experts7297as well.7298    Senator Young. And it will take a lot of time. It will7299probably be an iterative process. You will need to visit with a7300lot of stakeholders. Will you commit to personally doing that?7301    Mr. Morrison. Absolutely.7302    Senator Young. Will you commit to engaging members of your7303staff and prioritizing these sorts of meetings and the7304communication so that we can tease out the regulatory7305inadequacies, or impediments we have to AI development and7306adoption in this country in a safe manner?7307    Mr. Morrison. Absolutely. And I think it is really, really7308important to have industry and staff talking together to gain a7309better understanding of their approaches.7310    Senator Young. Will you commit to working with myself and7311other members of the Committee throughout this process so that7312we can be involved in establishing a Federal framework for AVs?7313    Mr. Morrison. Yes. To the extent I am allowed. I know OMB7314plays a major role there, so I do not want to step on any toes.7315    [Laughter.]7316    Senator Young. OK. There is always the OMB qualification, I7317understand. But yes.7318    Mr. Barrs, as you know, AVs are not limited to passenger7319vehicles. One area where we have seen incredible growth is7320within the commercial trucking industry. The benefits this7321technology promises to deliver are vast with reductions in7322supply chain constraints and improvements in the transport of7323goods. A theme of mine in recent hearings, as Chairman of one7324of the subcommittees here, has been outdated regulations that7325either hinder the ability of industry to innovate or create log7326jams and the safe deployment of technology.7327    So I would like to very briefly dig into this with you and7328see if there are any areas you see as needing improvements. One7329example might be FMCSA regulations require truck drivers to7330manually place warning triangles behind a vehicle when it is7331stopped or pulled over. This means drivers have to get out of7332their cab and walk along busy highway shoulders, often in7333dangerous conditions, like poor visibility, high traffic7334speeds, or inclement weather to deploy these devices.7335    As you know, as a law enforcement officer, and as the data7336shows, the side of the road is incredibly dangerous at times.7337Do you see opportunities for FMCSA to allow innovation and7338roadway safety so that drivers do not have to walk alongside7339the highway to manually place plastic triangles, yes or no?7340    Mr. Barrs. Senator, thank you for the question and----7341    Senator Young. A yes or no question.7342    Mr. Barrs.--the answer is yes.7343    Senator Young. If you are confirmed, can you commit to7344working with me, should you see any areas where outdated7345regulations, like these, are prohibitive to innovation or7346detrimental to safety on ways to address these potential7347issues?7348    Mr. Barrs. Senator, I do. Yes.7349    Senator Young. Thank you. I am out of time. Chairman.7350    The Chairman. Thank you. Senator Rosen.73517352                STATEMENT OF HON. JACKY ROSEN,7353                    U.S. SENATOR FROM NEVADA73547355    Senator Rosen. Well, thank you, Chairman Cruz, for holding7356the hearing today. I want to thank you to all the nominees,7357your willingness to serve, and I am going to focus a little bit7358on Nevada today because Mr. Barrs, Nevada continues to grapple7359with the significant shortage of safe and accessible truck7360parking facilities. It is a challenge that directly affects7361driver safety, increases operational costs for carriers, and7362disrupts the efficiency of our freight supply chains.7363    While estimates suggest that there is a shortage of 40,0007364safe truck parking spaces nationwide, giving Nevada's strategic7365location as a major transportation corridor for interstate7366commerce, particularly southern Nevada, we have the I-15 comes7367in from all of Southern California onto the trucks that way,7368and of course Northern Nevada along the I-80 coming in from San7369Francisco into the Interior, it is particularly critical for7370our state and for the surrounding region.7371    So Mr. Barrs, can you outline the specific strategies,7372policies, or funding priorities you would pursue as7373administrator of FMCSA to help expand this truck parking7374capacity, improving the safety conditions in Nevada, and it is7375really going to help our supply chain just move more quickly7376through the country?7377    Mr. Barrs. Senator, thank you for the question. Truck7378parking surely is a necessity as one I have been working on for7379a long period of time throughout my career in the public and7380private sector. I can tell you that in my state in Florida, we7381have made that a top priority, just like I know that is an7382issue for you in your state, and looking at different ways that7383we can work with Federal highway, with funding that goes7384directly to truck parking. Looking at engineering ways to7385potentially of redesigning current locations that are there7386now----7387    Senator Rosen. Smart Park Program, would you be interested7388in using things like that?7389    Mr. Barrs. We do not use that specifically. We use like7390truck parking availability which should be similar to that, so7391yes, being able to get those notifications out to the truck7392drivers so they can make informed decisions so they can plan7393their trips accordingly and get to a spot for safety.7394    Senator Rosen. Thank you. On that note, I want to talk7395about highway fatalities because Nevada has recently been7396experiencing a troubling increase in highway fatalities. In73972023, our state recorded an estimated 386 traffic deaths,7398terrible, and it makes it the second deadliest year on our road7399since 2006. It follows a peak year of 2022 where we had 4167400fatalities. Even one is too many.7401    So even more concerning, according to the Nevada Office of7402Traffic Safety, their data, during the first quarter of 2024,7403Nevada saw nearly 40 percent more fatal crashes compared to the7404same period in 2023, with 97 deaths between January and March7405alone, like I said, these are tragic losses, they are driven7406largely by speeding, impaired driving, alarming spike in7407pedestrian deaths, especially in Las Vegas and Reno.7408    So I am going to turn to you, Mr. Morrison. And given these7409trends, what concrete policies, enforcement strategies, public7410safety programs would you prioritize, as administrator, to7411reverse these fatality trends? If they are happening in Nevada,7412I am sure they must be happening in other places. And7413specifically, how would you leverage Federal programs promoting7414the deployment of advanced technologies like intelligent speed7415assistance, or automated safety systems? And I would really7416hope that you would coordinate with our Nevada agencies, so we7417can bring that number down.7418    Mr. Morrison. Thank you for the question, Senator. It is a7419fantastic question, and you are right, that it is far too many7420fatalities that we have seen, particularly since the pandemic,7421this increased level. I mean, we are trickling downward again7422and----7423    Senator Rosen. It is a lot of pressure to get those things7424delivered.7425    Mr. Morrison. Absolutely. So I think the--it is got to be7426an all-of-the-above approach. I think, you know, that it truly7427is a crisis that we are seeing, we are seeing fatalities7428continued at an elevated rate, we are seeing impaired driving7429at an elevated rate, speeding at an elevated rate, and we need7430to double down on what are the known, proven countermeasures.7431What are innovative approaches that we can take to traffic7432safety as well?7433    So in my testimony, one of the things I hammered home is7434really a need to coordinate, to work, enhance our partnership7435with the states, including the Nevada Office of Traffic Safety,7436as well as law enforcement. I think that is that is another7437area is making sure that our laws are actually being enforced.7438    Senator Rosen. Will you build on this for our rural7439communities because it is really--we have a vast rural highway7440network. I know the Chairman does, so many others too as well,7441that presents unique safety challenges. Our rural roads have a7442higher--just have this higher rate of fatalities. And could you7443talk about, maybe specific, how would you--might address that7444safety challenges specific to rural highways like we have in7445Nevada?7446    Mr. Morrison. Yes. It is a disproportionate number, and you7447see that across the country, disproportionately, if you look at7448population versus the roadway density. It is it is7449disproportionate in the rural areas. So it is a combination of7450law enforcement messaging, and all-of-the-above approach.7451    Senator Rosen. Would you commit to coming back to this7452Committee to talk about some of the new technologies or7453techniques that you are planning to use, this is an issue that7454is so important to so many because of the loss of life, to come7455back to the Committee and report on the implementation of such7456strategies that would help us?7457    Mr. Morrison. Absolutely.7458    Senator Rosen. Thank you. Appreciate it.7459    Thank you, Mr. Chairman.7460    The Chairman. Thank you. Senator Moreno.7461    Senator Moreno. So thank you for some additional time. I7462just want to clarify a couple things my colleague said. Mr.7463Morrison, just make sure we are all on the same page. Again,7464this topic can be very emotional. I mean, obviously, look, let7465me just reiterate, everybody wants our roads to be safer. But7466the do you do believe it is a false choice between, if you do7467not do everything, if you do not put every single safety7468technology and mandate it, force every American to put it in7469their automobile, or do nothing is a false choice?7470    Mr. Morrison. I think so. I mean, you know, NHTSA has7471congressional mandates that the agency needs to continue to7472work toward. But you know, when you establish Federal motor7473vehicle safety standards, one of those key elements you look at7474the need for motor vehicle safety you look at the state of the7475technology itself, you look at the cost, you look at consumer7476acceptance as well, you really have to look at all those7477things, but cost is a very important factor.7478    Senator Moreno. Yes. And of course no nobody wants to have7479drunk drivers on the road, but do you think that maybe Biden7480was not able to actually put that rule in place because what7481they realized is if somebody is actually a drunk driver, they7482are actually making a conscious choice, which is terrible, and7483by which we should increase the fines and the penalties for7484that. That they could not just ask a friend to start their car7485and then you completely eliminated the use of a device that7486cost thousands of dollars for people who did not drink.7487    So I think the guiding principle that should be used is7488common sense. Two beautiful words, ``common sense''. Now, my7489colleague from Massachusetts brought up seat belts. I was not7490alive in 1961. You probably were not alive in 1961. But it7491would be maybe something you should think about that the7492article he referred to in The New York Times in 1961 was7493talking about a technology that had been invented two years7494earlier by Volvo in Sweden.7495    And the reason car companies did not want to put it in7496those cars in 1961, two years after it was invented, and I7497assume he was talking about, or knows that he is talking about7498the three-point belt, because the two-point belt had been7499around since the 1940s. So the reason it was not put in cars in75001961 is because it would have added massive cost to customers7501in 1961. And later when that technology became more mainstream,7502and you had different production methods, it could happen.7503    So I think you are--just to clarify, you are not saying7504that safety technology should not be put in cars, is that we do7505have to balance the cost to the consumer because if the end7506result is that we have cars that are not affordable that is a7507problem, right?7508    Mr. Morrison. 100 percent right. I recall when--and not7509only that, you know, you really have to gain an understanding7510of the technology before you get anything close to a mandate.7511Those initial belt designs, they were very effective at7512channeling forces to the aorta, which had the--like the exact7513opposite effect that you would want. So making sure the7514technology is mature enough is a critical part of it. But7515again, cost really is important.7516    I remember when I was appointed as Chief Counsel, this was7517back in 2017, there was a series of articles that found that7518the average household income using general affordability7519metrics could not afford the average price of the vehicle in7520really any of the municipal areas across the country. I believe7521at the time was about $38,000.7522    We are we are bumping up against $50,000 as the average7523price of the vehicle today. It is a critical issue that I----7524    Senator Moreno. And just to remind everybody, it is $50,0007525today, it used to be $41,000 4 years ago. That is a huge7526problem. And the same thing with airbags, right, when airbags7527were invented and it took a long time for that technology to7528evolve because initial airbags were actually pretty dangerous.7529Airbags today are completely safe. And now it is basically a7530pill bottle. I mean, you get in a car accident and airbags come7531at you everywhere, like a little aspirin in a bottle, but that7532technology did not exist.7533    So again, I just reinforce to my colleagues as we develop7534this, these ideas, that we keep in mind that we want to have7535safer cars, but the marketplace does a really, really good job7536of making certain that technologies evolve at a pace in which7537they can be affordable. And look, while you maybe to some of my7538colleagues, and if you want to hang out in Martha's Vineyard in7539a multi-million dollar home, and fly there in a private jet,7540$8,000 in a price of a car is no big deal. But somebody who7541lives in Chillicothe, Ohio, who is trying to get to work, and7542needs that car to get there, affordability is a big deal.7543    And that is the mentality that is missing. And part of it7544is, look, quite frankly, this is a town where nobody even7545drives their own damn car, right. So when you have a driver7546that shuttles you all over town and the last time you are7547behind the wheel of an automobile was maybe years ago, all7548these become esoteric problems.7549    But I am here because we need to bring outsiders' point of7550views to say: Hey, you know what, when you raise the price of7551automobiles by $8,000 because you have this hell-bent idea7552that: Well, if you cannot afford it, too bad for you. It is a7553problem.7554    And I just hope, Mr. Chairman that we really take this7555conversation to the next level, because I am telling you the7556number one existential threat to job growth in this country is7557the fact that cars be--if you take cars, and you make them less7558affordable for humans to be able to live a daily life, it is a7559huge economic problem.7560    And again, in Martha's Vineyard, no problem, you can get7561around Martha's Vineyard, no issues at all, very easy,7562fantastic drivers will shuttle you around. And ironically, by7563the way, 50-year-old Land Rovers that are worth $150,000 that7564have no seat belts, and no airbags, is the number one car of7565choice in Martha's Vineyard. But I guess there it is no7566problem.7567    Thank you, Mr. Chairman.7568    The Chairman. I want to thank Senator Moreno for his7569impassioned and very well-informed questioning, and just point7570out for the record that I fully agree we need lower cost cars,7571and one of the keys is never ever, ever get the undercoating on7572the car, the answer to that is, no.7573    And with that I recognize Senator Hickenlooper----7574    Senator Moreno. That also went out--that also went out in7575the 1970s.7576    The Chairman. Um-hum?7577    [Laughter.]7578    The Chairman. Senator Hickenlooper.75797580             STATEMENT OF HON. JOHN HICKENLOOPER,7581                   U.S. SENATOR FROM COLORADO75827583    Senator Hickenlooper. Thank you, Mr. Chair. And thank all7584three of you for taking your time out today.7585    Let me start with Mr. Morrison. Impaired driving is a7586threat to passengers, cyclists, pedestrians, everybody. Last7587year the U.S. saw almost 40,000 fatalities involving motor7588vehicles, 12,429 fatalities involved alcohol impaired driving.7589That is 30 percent of all fatalities. We have a National blood7590alcohol concentration, BAC, a national limit of 0.08 percent to7591determine alcohol impairment.7592    Currently, there is no uniform national standard to measure7593marijuana impairment. In Colorado, marijuana impaired driving7594is a blood test above five nanograms of THC. At least 16 other7595states have zero tolerance laws prohibiting any amount of drug7596impairment while driving. Creating a national standard for7597marijuana impairment is going to ease the burden of law7598enforcement prosecutions, help clarify legal requirements7599across states, and without question save countless lives.7600    So Mr. Morrison, what steps would you direct NHTSA to take7601in consultation--in consultation with states, our laboratories7602of democracy, to develop a national impairment standard for7603marijuana-impaired driving?7604    Mr. Morrison. I think, you know, NHTSA absolutely plays a7605critical role here. And during my time as chief counsel in the7606first term we were really pushing hard this campaign against7607drug-impaired driving. Some of the messaging we put out, you7608know: ``Drive high, get a DUI'', ``If you feel different, you7609drive different''.7610    I think there is not this, necessarily, public7611consciousness that when people are using marijuana that it has7612an impairing effect on their ability to drive a vehicle. And it7613hearkens back to the 1950s, if you look at research, people7614would say, it was pretty common for them to say, you know, I7615need another martini so I can calm down, I drive better when I7616am impaired.7617    I think we have not had that, you know, there has7618absolutely been a shift in perception there. Although impaired7619driving drunk--alcohol impaired driving is too high. We have7620not seen that similar shift for marijuana. It is absolutely7621something that I would intend to double down on. I would also7622look to partner with, I think the National Office of--the7623Office of National Drug Control Policy, to work with them on7624that as well; as well as law enforcement in the states.7625    Senator Hickenlooper. Yes, absolutely. I think it is one of7626those lurking giants that is out there, and the country has not7627gotten their arms around the fact that more and more kids are7628smoking pot instead of drinking. You can see alcohol sales,7629beer sales down all over the country, and yet we have no7630national program to really intercede and make sure they7631understand it, that they are not driving better.7632    Mr. Morrison. Right, and the poly use is another issue.7633There is compounding factors of alcohol use with drug use that7634also--we also need to be recognized. I do understand there is7635some scientific challenges to really gaining that notion of7636whether or not there is a threshold level.7637    Senator Hickenlooper. Well, it is like--it is like alcohol,7638with different size people, that there is some variation there,7639but the science is getting there, and certainly the level of7640impairment can clearly be measured, and calculated against the7641consumption of narcotic.7642    Mr. Morrison. Absolutely. And it is an area where I know7643you have been a national leader. I appreciate that, and look7644forward to working with you.7645    Senator Hickenlooper. You bet. Mr. Roberti, nationwide,7646PHMSA oversees safe operation of 3 million miles of pipeline,764717,000 underground storage tanks, more than 160 liquefied7648natural gas facilities. The Colonial Pipeline ransomware attack7649was a stark reminder of the vulnerability of critical7650infrastructure to cyber attacks. PHMSA and pipeline operators7651rely on information provided by the Cybersecurity and7652Infrastructure Security Administration, CISA, as well as the7653private sector.7654    Information sharing increases the ability to remain7655resilient against emerging cyber threats, unless extended by7656Congress, authorities under the Cybersecurity Information7657Sharing Act of 2015 is set to expire on September 30, 2025.7658    So Mr. Roberti, do you believe any lapse in authorities to7659share cyber threat information would increase risk for pipeline7660operators, and how could PHMSA maintain cyber resilience?7661    Mr. Roberti. Well, thank you Senator for the question, and7662I spoke earlier about the critical importance of keeping a very7663focused eye on both physical and cyber security threats. The7664Colonial Pipeline, a perfect example, 45 percent of the energy7665needs of the Northeast come through that pipeline, and the7666interruption of that flow of commodities was significant. The7667coordination among Federal agencies is so important. I cannot7668understate it.7669    If you look over the course of the history of this country,7670the greatest vulnerabilities occurred where security agencies7671were not sharing information. I do support sharing. As I say--7672stated earlier, I had worked previously on agreements with the7673Department of Homeland Security and Department of7674Transportation.7675    I believe we need close coordination and information7676sharing not just with industry, but across the Federal Energy7677Regulatory Commission, the FBI, certainly the Department of7678Energy, and the Department of Homeland Security. I am very7679committed and very motivated to dig in on those questions----7680    Senator Hickenlooper. Right.7681    Mr. Roberti.--and see where we are. I do not know where we7682are today, but I know that the threats are there. The threat7683vectors are always changing, and I am committed to working7684cooperatively to advance that.7685    Senator Hickenlooper. I am out of time. But I do want to7686leave just with, Mr. Morrison, the fact that no Federal7687statutes or regulations that oversee fully autonomous vehicles7688yet coming out of our laboratories of democracy that should be.7689I am going to submit a few questions on that in the written,7690just because we are out of time now. But I think that that is7691another big issue that we are going to have to face.7692    I yield back to the Chair.7693    The Chairman. Thank you. I will now turn to my friend from7694Massachusetts, who I would note, regularly reminds this7695Committee that the word ``car'' can be a two-syllable word.7696    [Laughter.]7697    Senator Markey. And it has been resolved and it is always7698about the future.7699    [Laughter.]7700    Senator Markey. Then you have the accent you can use down7701the park with Joey De Gregorio. That is a different accent as7702Mr. Roberti knows now, which does not have quite that accent.7703So I am bilingual. I am sure Mr. Roberti is as well. You just7704have to know where each accent can be used.7705    So I thank you, Mr. Chairman, and just to follow up on the7706Senator from Ohio. Yes, I am--you know, I am an expert on auto7707safety. When I was 5 years old, my father was a truck driver,7708but I grew up in a deregulated era, at five, I was chasing 9-7709year-old Charlie Kadiro, and Bobby Olson, two streets away from7710my house, when I got hit by a car, and I was turned into a7711projectile and you can still see where my fingers never quite7712came back together again, the concussion, in the middle of the7713street, somebody picked me up, drove me 100 miles an hour up to7714the emergency room of the Malden Hospital.7715    The two things your mother always says, when you are a kid.7716One, if you are ever in an accident, your phone number is MA4-77170815, tell the doctors that. And two, change your underwear7718every day because I will be embarrassed if you are ever in an7719accident.7720    So I can hear the doctor on the phone with my mother7721getting permission to operate. And I also can hear the nurses7722decided to unbuckle my belt and I am trying with my broken7723fingers to hold on to it. And then the chloroform went on my7724face. I am an expert on auto safety, on the impacts on7725children, on parents. I am an expert on that to the gentleman7726from Ohio in Malden, Massachusetts, a blue-collar community.7727    I can take him there. You can see this still existing blue7728collar community where I live. Now, if there was an emergency7729braking system, maybe that guy who hit me, the car would have7730stopped, and I would not have been hit. Maybe, but to say that7731it will not help in the future is just absolutely wrong. And7732the same way, seat belts, which did not exist when I was a kid,7733airbags did not exist, make children safer in cars, to this7734gentleman from Ohio.7735    Technology is our friend. We are technological giants, the7736United States. We can use technology to protect children in our7737country. And the same thing is true for the auto industry, in7738general, they impose a tax on our society. The tax when they7739fight higher fuel economy standards is more pollution that goes7740in the air. The tax on our society, more asthma, more cancers,7741more disease that affects everyone in our society. And that is7742a very high tax.7743    When they fight against safety standards, there is a tax,7744and that tax is children who get injured or die because the7745safety measures were not built in. That is a tax which the auto7746industry imposes on our society.7747    So Mr. Morrison, do you agree that fuel economy standards7748save drivers money at the gas pump because they are so much7749more efficient?7750    Mr. Morrison. I think fuel economy standards is an increase7751in efficiency will have a impact of the gas pump, but they also7752have a very severe upfront cost that also has to be factored7753in.7754    Senator Markey. Over the life of the vehicle, do they save7755drivers money at the pump, Mr. Morrison?7756    Mr. Morrison. I think it will depend upon the fuel economy7757standard. It will depend upon the technological cost to7758implement those standards.7759    Senator Markey. Yes. And here is what I am hearing from7760you. I am hearing that this administration is going to7761institute yet another tax on drivers by pushing gas guzzling7762cars onto the American public. And anyone who cannot admit that7763this means dollars out of drivers' pockets and into big oils'7764profits is just an apologist for the economic factual basis for7765understanding what the life expectancy costs are for driving7766vehicles that are more efficient.7767    Just as my mother used to say to me, as a boy: You have to7768learn how to work smarter, not harder, Eddie. And smarter is7769efficient. Smarter is more efficient, appliances, vehicles,7770buildings, air conditioning. It is just smarter. And it is7771technology. And what I see, historically, at NHTSA is just7772aligning with the industry that seeks to stop innovation, stop7773progress, and continue to impose taxes on the American people.7774Safety taxes, disease taxes on those families.7775    OK. So that is why I am going to be watching you, Mr.7776Morrison, and everything that you do over there, because you,7777sir, have a very high responsibility in our society, very high.7778To all those millions of kids, all those little 5-year-old7779Eddie Markeys today out there, in terms of looking ahead and7780leading the way and putting the protections in place for them,7781not listening to the auto lobbyists of today, but listening to7782the voices of those children of the future.7783    Thank you, Mr. Chair.7784    The Chairman. Thank you, Senator Markey. And I would note7785some years ago, Senator Markey and I were the chairman and7786ranker of the Science and Space Subcommittee of this Committee,7787and I had a repeated pattern of not being willing to have space7788hearings without listening to my friend do JFK impressions,7789which made every space issue come true.7790    And I do think back to my time in law school in Boston, I7791remember once being on the subway, as they call it the T, and7792this tiny woman who was probably 90 years old, white hair,7793looked at me, asked me if I was in school. I said, yes, ma'am.7794She asked me where; I said, it was at Harvard. And to this day,7795I remember her response: Harvard, smart. That was the entirety7796of the conversation, and as my father would say, Harvard, the7797truck driver, book smart.7798    [Laughter.]7799    The Chairman. True enough, people need common sense, Eddie.7800    Senator Markey. People need common sense and live in the7801real world.7802    The Chairman. And there we have we have agreement. I would7803agree with William F. Buckley who said, ``I would rather be7804governed by the first 2,000 names in the Boston phone book than7805by the faculty of Harvard University.'' And that is7806unquestionably true.7807    Senator Markey. And the people of Massachusetts are7808governed by those 2,000 names in the phone book, and then they7809choose people who listen to the Harvard and MIT professors7810about the future, especially in technology issues. Thank you,7811Mr. Chairman.7812    The Chairman. So a couple of final questions and we are7813going to wrap up.7814    Mr. Morrison, in your view what is NHTSA's role in the7815development of autonomous vehicles?7816    Mr. Morrison. I think NHTSA needs to play a leadership7817role. uses convening authority to set guidance so that industry7818can follow and lead the pathway to enhanced mobility also needs7819to, once the technology is ready, and once there is a better7820understanding of the technology eventually lead to the7821regulation.7822    The Chairman. Mr. Roberti, what would you describe as the7823core mission of PHMSA, and I am going to--I am going to give7824the answer, in my view, the core mission of PHMSA is to ensure7825safety for pipelines in America. There have been radicals at7826that agency who have viewed the mission of PHMSA as using7827safety as a tool to either stop or delay pipelines because they7828oppose the existence of pipelines. I think that is emphatically7829not the purpose of the agency. But what is your view as to the7830core mission?7831    Mr. Roberti. As safety appears in the Pipeline Safety Act,7832the core mission of PHMSA is safety, and to instill confidence7833in the American people that these pipeline systems are safe.7834And I commit to doing that.7835    The Chairman. Thank you.7836    Mr. Barrs, Mr. Morrison, and Mr. Roberti, my final question7837is required of all nominees. If confirmed, do you pledge to7838work collaboratively with this Committee to provide thorough7839and timely responses to the Committee's requests and to appear7840before the Committee when requested?7841    Mr. Barrs. Yes, sir.7842    Mr. Morrison. Yes, sir.7843    Mr. Roberti. Yes.7844    The Chairman. Thank you. I have 49 letters of support from7845various organizations for Mr. Barrs', Mr. Morrison's, and Mr.7846Roberti's nominations.7847    I ask unanimous consent that they be inserted in the7848hearing record; without objection, so ordered.7849    [The information referred to follows:]78507851  Prepared Statement from the Zero Emission Transportation Association7852    Zero Emission Transportation Association (ZETA) is an industry7853coalition representing approximately 50 companies spanning the electric7854vehicle (EV) supply chain end-to-end, including critical mineral and7855material producers, cell and battery manufacturers, vehicle7856manufacturers, charging companies and electric vehicle supply equipment7857(EVSE) providers, utility companies, and battery recyclers. ZETA7858appreciates the opportunity to provide a statement on the hearing on7859the nomination of Jonathan Morrison to be the next head of the National7860Highway Traffic Safety Administration (NHTSA).7861    Beyond many critical safety functions, NHTSA is responsible for7862overseeing Corporate Average Fuel Economy (CAFE) standards, landmark7863regulations that have encouraged automakers to build more fuel-7864efficient vehicles for nearly 50 years. CAFE standards have effectively7865helped provide consumer savings on fuel costs and limited demand for7866foreign oil, for decades.7867    Pursuant to the Energy Policy and Conservation Act of 1975, NHTSA7868was authorized to administer CAFE standards in response to the oil7869embargo of 1973-74 by the Organization of the Petroleum Exporting7870Countries (OPEC); the embargo had resulted in a quadrupling of crude7871oil prices and a 35 percent increase in the average price of gas from78721973 to 1974.\1\ Since then, CAFE standard rulemakings have been7873continuously promulgated under several Administrations. Under H.R. 1,7874the One Big Beautiful Bill Act, CAFE civil penalties were reduced to7875$0.00, retroactively disrupting market economics for sales of7876alternative fuel vehicles and seemingly nullifying the need for7877automakers to comply with Federal regulation that protects consumers.7878---------------------------------------------------------------------------7879    \1\ NBC News Wisconsin. 2022. ``Drivers remember 1973-74 oil7880embargo.'' https://www7881.nbc26.com/news/local-news/gas-price-tracker/gassed-drivers-remember-78821973-74-oil-embargo7883---------------------------------------------------------------------------7884    Fuel economy standards are more than just a preventive measure to7885lessen the import of foreign oil. CAFE standards have delivered real7886consumer savings and satisfaction, particularly over the past 25 years.7887According to a Consumer Reports analysis, vehicle efficiency7888improvements since 2001 have driven around $9,000 in fuel savings over7889the lifetime of the vehicle for a new purchase in 2024.\2\ In fact, 667890percent of Americans in 2024 considered fuel economy important or7891extremely important to them when considering purchasing a new7892vehicle.\3\7893---------------------------------------------------------------------------7894    \2\ White, Emmitt. January 21, 2025. Road & Track. ``Almost Two-7895Thirds of Americans Want Government to Keep Boosting Fuel Economy7896Standards, Study Says.'' https://www.road7897andtrack.com/news/a63494232/study-finds-us-drivers-want-better-fuel-7898economy/7899    \3\ Consumer Reports. January 2025. Fuel Economy 2024 survey.7900https://article.images7901.consumerreports.org/image/upload/v1730394977/prod/content/dam/surveys/7902Consumer_Re7903ports_Fuel_Economy_August_September_2024.pdf7904---------------------------------------------------------------------------7905    The policy change in H.R. 1 would also remove civil penalties for7906OEMs that have accrued past violations of the ``Minimum Domestic7907Passenger Car'' standard, the one CAFE standard that cannot be7908satisfied with purchased credits. The Domestic Minimum Passenger Car7909standard was put in place to protect American workers' interests in7910ensuring companies commit to building more fuel-efficient passenger7911cars in North America.7912    Further, NHTSA sent a letter to manufacturers on July 11th,7913asserting that their interpretation of the text in H.R. 1 would apply7914the new civil penalty of $0.00 retroactively, starting with Model Years7915(MY) 2022.\4\ Removing CAFE civil penalties retroactively implicates7916significant business agreements entered into by nearly every major7917vehicle original equipment manufacturer (OEM) just for the subset of7918model years that would be affected by a retroactive policy change on7919civil penalties between MY2022-MY2026. These are credit sales that have7920already been established and paid for under the policy that has been in7921place for those model years.7922---------------------------------------------------------------------------7923    \4\ Letter addressed to ``manufacturers'' from Peter Simshauser,7924Chief Counsel, National Highway Traffic Safety Administration, U.S.7925Department of Transportation, July 11, 2025.7926---------------------------------------------------------------------------7927    This is a major policy change that could throw credit markets into7928turmoil and massively disrupt the U.S. automotive sector. Historically,7929Federal regulatory changes of this magnitude have been accomplished7930through the ``notice and comment'' rulemaking process, with applicable7931lead-time requirements. This abrupt legislative change is a major7932policy shift that will massively disrupt the American automotive7933sector, potentially upending years of strategic investments in past and7934current model year designs.7935    ZETA urges members of the Committee and Mr. Jonathan Morrison to7936consider the critical impact of policies like vehicle efficiency7937standards, and encourages the application of metrics at NHTSA to ensure7938compliance with these important regulations. Particularly in light of7939the recent letter from NHTSA to manufacturers, which states the7940agency's intent to reconsider CAFE standards, we hope that the impacts7941of the sudden shifts in Federal policy on businesses and public fuel7942costs are considered during the deliberation of Mr. Morrison's7943nomination for Administrator of the agency.7944    ZETA appreciates the Committee's attention to this important issue.7945            Sincerely,7946                                               Albert Gore,7947                                                Executive Director.7948                                 ______79497950                 Truck and Engine Manufacturers Association7951                                   Chicago, Illinois, July 15, 202579527953Hon. Ted Cruz,7954Chairman,7955U.S. Senate,7956Committee on Commerce, Science, and Transportation,7957Washington, DC.7958Hon. Maria Cantwell,7959Ranking Member,7960U.S. Senate,7961Committee on Commerce, Science, and Transportation,7962Washington, DC.79637964Dear Chairman and Ranking Member,79657966    The Truck and Engine Manufacturers Association (EMA) supports the7967nomination of Jonathan Morrison to be Administrator of the National7968Highway Traffic Safety Administration (NHTSA) at the Department of7969Transportation. Mr. Morrison's previous experience as Chief Counsel7970will be extremely valuable to the agency as Congress begins their7971deliberations on a surface transportation reauthorization.7972    EMA represents the leading manufacturers of commercial vehicles and7973internal combustion engines, specifically vehicles with a gross vehicle7974weight rating over 10,000 pounds. Our member companies proudly design7975and produce the heavy-duty engines and vehicles that the U.S. trucking7976industry operates to keep America's economy moving.7977    NHTSA is crucial in setting and enforcing Federal Motor Vehicle7978Safety Standards for heavy-duty vehicles, addressing aspects such as7979brakes, mirrors, lighting, and occupant protection. EMA and its members7980have a longstanding collaborative relationship with NHTSA and DOT,7981providing data and other technical input on research and rulemakings7982involving heavy-duty safety technologies. We aim to continue working7983with NHTSA under Mr. Morrison's leadership to further enhance7984commercial vehicle safety.7985    We look forward to working with Mr. Morrison, NHTSA, and the7986Commerce, Science, and Transportation Committee to ensure the success7987of the agency.7988            Respectfully submitted,7989                                       Timothy A. Blubaugh.7990                                 ______79917992                                    ACES Mobility Coalition7993                                                     April 14, 202579947995Hon. Ted Cruz,7996Chairman,7997United States Senate Committee on Commerce, Science, and7998Transportation,7999Washington DC.8000Hon. Maria Cantwell,8001Ranking Member,8002United States Senate Committee on Commerce, Science, and8003Transportation,8004Washington DC.80058006Re: Support for the Nomination of Jonathan Morrison as Administrator of8007            the National Highway Traffic Safety Administration80088009Dear Chairman Cruz and Ranking Member Cantwell,80108011    On behalf of the public and private members of the ACES Mobility8012Coalition, we write to express our support for the nomination of8013Jonathan Morrison as Administrator of the National Highway Traffic8014Safety Administration (NHTSA). Our coalition includes transit agencies,8015transportation operators, advocates for pedestrian safety and safe8016transportation, new mobility stakeholders, manufacturers, technology8017companies, and real estate developers, who share the goal of fostering8018policies that encourage responsible deployment of autonomous mobility.8019    Jonathan Morrison's extensive experience in transportation safety8020and technology, as well as his firsthand experience in NHTSA8021leadership, make him uniquely qualified to lead the agency during this8022pivotal time for mobility innovation.8023    As NHTSA's Chief Counsel during President Trump's first term, Mr.8024Morrison demonstrated his ability to navigate complex regulatory8025landscapes while prioritizing public safety. Morrison's eight years in8026legal and regulatory affairs for the California New Car Dealers8027Association, his more recent tenure at Apple, and his experience8028providing automotive advisory services will help him lead NHTSA as the8029agency provides much-needed regulatory clarity to the automotive8030industry, ensuring the United States remains the global leader in8031transportation safety and technological advancement.8032    The ACES Mobility Coalition shares Morrison's vision for a future8033where shared autonomous mobility reduces single-occupancy vehicle8034trips, alleviates congestion, enhances transportation networks, and8035improves mobility for all road users. His leadership at NHTSA will be8036instrumental in advancing policies that support safe and scalable8037deployment of autonomous systems, strengthen public transportation8038networks, and bridge gaps in first-and last-mile connectivity.8039    The Coalition respectfully urges the Senate Commerce Committee to8040confirm Jonathan Morrison's nomination quickly and looks forward to8041continued engagement with NHTSA under his stewardship. Together, we can8042work toward a safer, more efficient, and innovative transportation8043system for all road users.8044            Respectfully,8045                                          Scott F. Belcher,8046                                                Executive Director,8047                                               ACES Mobility Coalition.8048                                          https://www.acesmobility.org/8049                                 ______80508051       Prepared Statement of Anne Reinke, President and CEO, IANA80528053 Intermodal Industry Supports Nomination of Jonathan Morrison to Lead8054             National Highway Traffic Safety Administration80558056    CALVERTON, MD (July 16, 2025)--Today, the U.S. Senate Committee on8057Commerce, Science, and Transportation will consider the nomination of8058Mr. Jonathan Morrison to lead the National Highway Traffic Safety8059Administration (NHTSA) at the U.S. Department of Transportation. Mr.8060Morrison previously served as Chief Counsel to NHTSA for three years,8061beginning in 2017, and has also held roles with the California New Car8062Dealers Association and Apple. Intermodal Association of North America8063(IANA) President & CEO Anne Reinke offered the following statement in8064support of the nomination:80658066    ``Jonathan Morrison has worked both with and within the8067organization he is nominated to lead, giving him a unique perspective8068on the agency's strengths and operations. The Intermodal Association of8069North America (IANA) is pleased to support his nomination to lead the8070National Highway Traffic Safety Administration. Safety is the8071cornerstone of a transportation network that serves both people and8072freight, and Mr. Morrison's experience and expertise in this space will8073benefit all Americans. IANA looks forward to working closely with Mr.8074Morrison and we urge Congress to confirm this important nomination.''8075                                 ______80768077                             American Trucking Associations8078                                       Washington, DC, June 2, 202580798080Hon. Ted Cruz,8081Chairman,8082United States Senate,8083Committee on Commerce, Science, and Transportation,8084Washington, DC.8085Hon. Maria Cantwell,8086Ranking Member,8087United States Senate,8088Committee on Commerce, Science, and Transportation,8089Washington, DC.80908091Dear Chairman Cruz and Ranking Member Cantwell:80928093    On behalf of the American Trucking Associations (ATA), I am writing8094to you today to strongly support the nomination of Jonathan Morrison to8095serve as the next Administrator of the National Highway Traffic Safety8096Administration (NHTSA).8097    Mr. Morrison is a strong voice for sensible regulatory action and8098balancing the concerns of the industry. With his experience as Chief8099Counsel at NHTSA during the first Trump Administration, he would bring8100seasoned leadership to NHTSA. His history navigating the complex legal8101and regulatory landscape on behalf of the California New Car Dealers8102Association has equipped him with an understanding of the importance of8103consistent Federal regulations and the consequences of shortsighted8104policies. He will be an invaluable partner as we look towards the 20268105surface transportation reauthorization effort.8106    The more than 3.5 million professional truck drivers are our8107Nation's eyes and ears on the road. One of their top concerns is the8108dangerous rise of distracted driving by the motoring public. The8109trucking industry invests $14 billion in safety-related initiatives and8110training annually, and motor carriers pride themselves on a safety-8111first mentality. NHTSA has the opportunity to be a leader in promoting8112safe driving habits on the road by providing necessary resources and8113clear directions to states.8114    Morrison will bring critical public and private expertise to NHTSA8115at the dawn of revolutionary safety technology. Interstate by nature,8116the trucking industry needs a Federal framework for testing and8117deployment of autonomous vehicles that considers all road users--8118including passenger vehicles, commercial trucks, and buses--as well as8119the supporting infrastructure. As developers continue to submit8120voluntary safety self-assessments, they need an active partnership with8121NHTSA to ensure innovation can thrive and the U.S. will remain a global8122leader in developing this technology. With such high stakes, ATA would8123welcome the leadership of Mr. Morrison at NHTSA.8124    Trucking is the lifeblood of our economy and moves over 70 percent8125of the Nation's freight. As the largest national trade organization8126representing over 8.5 million men and women working in the trucking8127industry, ATA strongly encourages the Committee to approve the Morrison8128nomination so that he can be confirmed by the full Senate at the8129earliest opportunity.8130            Sincerely,8131                                               Chris Spear,8132                                                 President and CEO,8133                                         American Trucking Associations8134cc: Members of the Senate Committee on Commerce, Science, and8135Transportation8136                                 ______81378138                        U.S. Tire Manufacturers Association8139                                                      July 15, 202581408141Hon. Ted Cruz,8142Chairman8143Committee on Commerce, Science, and Transportation,8144U.S. Senate,8145Washington, DC.8146Hon. Maria Cantwell,8147Ranking Member,8148Committee on Commerce, Science, and Transportation,8149U.S. Senate,8150Washington, DC.81518152RE: USTMA Support for Morrison NHTSA Confirmation81538154    Dear Chairman Cruz and Ranking Member Cantwell:81558156    On behalf of the U.S. Tire Manufacturers Association and our member8157companies, I am pleased to share our full support for the nomination of8158Jonathan Morrison to be the Administrator of the National Highway8159Traffic Safety Administration (NHTSA) at the U.S. Department of8160Transportation.8161    Mr. Morrison is a highly qualified and respected leader with8162extensive experience in the automotive sector. His nomination to head8163NHTSA restores critical leadership to an agency that sits at the8164crossroads of renewed attention and progress in the transportation8165sector. We believe Mr. Morrison will return to a sharp focus toward8166regulations that spur competition, safety and much-needed innovation.8167The U.S. Tire Manufacturers Association believes he is an excellent8168candidate and looks forward to supporting him in this capacity.8169    Given his unique experiences and keen understanding of our8170industry, we encourage the committee to advance Jonathan Morrison's8171vote to the full Senate so that he may be confirmed as the new NHTSA8172Administrator.8173            Sincerely,8174                                      Anne Forristall Luke,8175                                                 President and CEO,8176                                   U.S. Tire Manufacturers Association.8177                                 ______81788179                       Governors Highway Safety Association8180                                       Washington, DC, July 8, 202581818182Hon. Ted Cruz,8183Chairman,8184Committee on Commerce, Science, and Transportation,8185United States Senate,8186Hon. Maria Cantwell,8187Ranking Member,8188Committee on Commerce, Science, and Transportation,8189United States Senate,81908191Dear Chairman Cruz and Ranking Member Cantwell:81928193    On behalf of the Governors Highway Safety Association (GHSA), I8194write to express strong support for the nomination of Jonathan Morrison8195to serve as the Administrator of the National Highway Traffic Safety8196Administration (NHTSA).8197    GHSA is a national nonprofit association representing every State8198and territorial Highway Safety Office (SHSOs). The SHSOs receive8199highway traffic safety grants from NHTSA to implement behavioral8200highway safety programs.8201    Mr. Morrison is a proven safety leader. He demonstrated this in his8202previous role as NHTSA Chief Counsel, where he worked effectively with8203GHSA and SHSOs to prioritize safety and reduce regulatory burdens that8204hinder state-level progress and innovation. His collaborative approach8205and commitment to improving the efficiency of the state highway safety8206grant program allowed critical safety resources to be more effectively8207deployed.8208    With more than 40,000 people killed on our roads in 2023 and drunk8209driving deaths up 33 percent since 2019, strong and stable leadership8210at NHTSA is urgently needed. The agency has lacked a Senate-confirmed8211leader for nearly all of the past eight years, even as roadway8212fatalities have reached crisis levels. Mr. Morrison's experience and8213leadership will be instrumental in reversing these trends.8214    GHSA urges the Committee and the full Senate to quickly confirm Mr.8215Morrison. If confirmed, we look forward to working with him to advance8216proven roadway safety solutions and ensure every American can travel8217safely on our roads.8218            Regards,8219                                           Jonathan Adkins,8220                                           Chief Executive Officer,8221                                  Governors Highway Safety Association.8222                                 ______82238224              International Association of Chiefs of Police8225                                      Alexandria, VA, June 11, 202582268227Hon. John Thune,8228Majority Leader,8229United States Senate,8230Washington, DC.82318232Hon. Ted Cruz,8233Chairman,8234Committee on Commerce, Science, and Transportation,8235United States Senate,8236Washington, DC.82378238Hon. Charles E. Schumer,8239Minority Leader,8240United States Senate,8241Washington, DC.82428243Hon. Maria Cantwell,8244Ranking Member,8245Committee on Commerce, Science, and Transportation,8246United States Senate,8247Washington, DC.82488249Dear Majority Leader Thune, Minority Leader Schumer, Chairman Cruz, and8250            Ranking Member Cantwell:82518252    On behalf of the International Association of Chiefs of Police8253(IACP), I am pleased to offer our endorsement of Mr. Jonathan Morrison8254as Administrator of the National Highway Traffic Safety Administration8255(NHTSA). Mr. Morrison's extensive experience in transportation safety8256and his demonstrated commitment to collaboration make him well-8257qualified to lead NHTSA.8258    The IACP recently had the opportunity to meet with Mr. Morrison.8259During our discussion, he expressed a clear and thoughtful vision for8260advancing traffic safety across the Nation. He emphasized the8261importance of working in close partnership with state, local, and8262tribal law enforcement agencies to reduce roadway fatalities and8263improve safety outcomes for all road users. He understands the8264challenges faced by policing in traffic safety enforcement and is8265committed to evidence-based strategies.8266    If confirmed, Mr. Morrison would bring a well-rounded and informed8267perspective to the role. As NHTSA's Chief Counsel during President8268Trump's first term, he demonstrated a strong grasp of the agency's8269mission and regulatory responsibilities. His career spans both public8270service and private industry--giving him a comprehensive understanding8271of the transportation landscape. This diverse experience positions him8272to foster the kind of collaboration and innovation needed to address8273today's complex traffic safety challenges.8274    The IACP firmly believes that Mr. Morrison's track record makes him8275abundantly qualified to lead NHTSA. We are confident that, under his8276leadership, NHTSA will continue to advance its mission of reducing8277traffic related injuries and deaths, ensuring safety, and enhancing8278enforcement.8279    The IACP urges the Committee on Commerce, Science, and8280Transportation and the members of the United States Senate to swiftly8281confirm the nomination of Mr. Morrison.8282            Sincerely,8283                                             Ken A. Walker,8284                                                         President,8285                                                                  IACP.8286                                 ______82878288                            Consumer Technology Association8289                                       Arlington, VA, June 17, 202582908291Hon. Ted Cruz,8292Chair,8293Committee on Commerce, Science, and Transportation,8294United States Senate8295Washington, DC.8296Hon. Maria Cantwell,8297Ranking Member,8298Committee on Commerce, Science, and Transportation,8299United States Senate,8300Washington, DC.83018302Dear Chairman Cruz and Ranking Member Cantwell,83038304    On behalf of the Consumer Technology Association (CTA) and its more8305than 1200 member companies, I write in support of Jonathan Morrison's8306nomination to lead the National Highway Traffic Safety Administration8307(NHTSA). CTA is North America's largest technology trade association8308representing the U.S. consumer technology industry, which supports over830918 million U.S. jobs. Our members include companies driving vehicle8310innovation--from manufacturers and software firms to transportation8311platforms and component makers.8312    Mr. Morrison brings deep expertise to the role. As NHTSA Chief8313Counsel during the first Trump administration, he helped shape policy8314and rules on advanced vehicle technologies and automated vehicles. His8315leadership will be vital as NHTSA works to modernize Federal Motor8316Vehicle Safety Standards, streamline crash reporting under the Standing8317General Order, and build a strong regulatory framework for AVs.8318    We believe Mr. Morrison is well suited to lead NHTSA and urge the8319Senate to confirm his nomination.8320            Sincerely,8321                                           Gary J. Shapiro,8322                                                CEO and Vice Chair,8323                                       Consumer Technology Association.8324                                 ______83258326                                Daimler Truck North America8327                                        Portland, OR, July 11, 202583288329Hon. Ted Cruz,8330Chairman,8331Committee on Commerce, Science, and Transportation,8332United States Senate8333Washington DC.8334Hon. Maria Cantwell,8335Ranking Member,8336Committee on Commerce, Science, and Transportation,8337United States Senate,8338Washington DC.83398340Dear Chairman Cruz and Ranking Member Cantwell,83418342    On behalf of Daimler Truck North America (DTNA), I am writing to8343express our strong support for the nomination of Jonathan Morrison for8344Administrator of the National Highway Traffic Safety Administration8345(NHTSA).8346    DTNA is the largest commercial vehicle manufacturer in the United8347States, with over 40 percent market share in the Class 7 and 8 heavy-8348duty on-highway segment. This market leadership means that fully 308349percent of America's goods are delivered using our products daily.8350Whether it's hauling freight, transporting people, or building and8351maintaining critical infrastructure, our truck and bus brands,8352including Freightliner, Western Star, Thomas Built Buses, Freightliner8353Custom Chassis, and Detroit Diesel, are trusted by our Nation's fleets.8354Our 18,000 U.S. employees are dedicated to keeping America moving. DTNA8355strongly believes in investing in America to drive economic growth,8356create jobs, and ensure a stable and prosperous future for all8357Americans.8358    As the market leader, DTNA has a long history of working closely8359with NHTSA and recognizes the enormous responsibilities of the8360Administrator. Having worked with Mr. Morrison in his previous capacity8361as Chief Counsel of NHTSA, we believe strongly of Mr. Morrison's8362exceptional leadership and vision.8363    DTNA is confident that under Mr. Morrison's leadership, the8364American people will benefit from his tireless work and commitment to8365service. DTNA strongly encourages you to support Mr. Morrison's swift8366nomination and we look forward to the positive impact he will bring to8367NHTSA.8368    DTNA eagerly anticipates working with the Committee, President8369Trump, and NHTSA on advancing policies and regulations, including8370through the upcoming Surface Transportation Reauthorization, that will8371support reliable transportation nationwide, the economy, roadway8372safety, and innovation.8373            Sincerely,8374                                              John O'Leary,8375                                                 President and CEO.83768377CC: Jonathan Morrison, Nominee, Administrator of National Highway8378Traffic Safety Administration8379                                 ______83808381                         Alliance for Automotive Innovation8382                                      Washington, DC, July 14, 202583838384Hon. Ted Cruz,8385Chairman,8386U.S. Senate Committee on Commerce, Science, and Transportation,8387Washington DC.8388Hon. Maria Cantwell,8389Ranking Member,8390U.S. Senate Committee on Commerce, Science, and Transportation,8391Washington DC.83928393Dear Chairman Cruz and Ranking Member Cantwell:83948395    On behalf of Alliance for Automotive Innovation, I write to urge8396the United States Senate to swiftly confirm Jonathan Morrison,8397President Trump's nominee for Administrator of the National Highway8398Traffic Safety Administration (NHTSA).8399    Alliance for Automotive Innovation represents the auto8400manufacturers producing nearly all vehicles sold today in the U.S., as8401well as major equipment suppliers, battery manufacturers, semiconductor8402makers, and autonomous vehicle and technology corporations.8403    Automaking is America's largest manufacturing sector and underpins8404our industrial base. The sector employs 10 million Americans in all 508405states. We build 10.3 million vehicles annually--here at home--and8406export 1.5 million. The industry generates five percent of U.S. GDP and8407drives $1.2 trillion into the economy annually.8408    Mr. Morrison has the right background to lead NHTSA at this moment.8409    He previously served as the agency's chief counsel where he worked8410on a range of automotive policy and regulatory matters. He also has8411firsthand experience working inside the automotive industry to develop8412next-generation automotive safety technologies.8413    Mr. Morrison is committed to a partnership between the automotive8414industry and others to advance shared goals: saving lives, reducing8415crashes, and deploying the safest and most advanced vehicles ever.8416    He will prioritize a regulatory environment that supports8417innovation and maintains American leadership in next-generation8418automotive safety technologies. He also understands the importance of8419predictable and balanced fuel economy standards that reflect current8420market dynamics.8421    NHTSA needs leadership committed to keeping the U.S. auto industry8422healthy and competitive--and in a position to guarantee the country's8423economic and national security.8424    I'm confident these will be priorities during Mr. Morrison's8425tenure. Thank you for your support of this nomination.8426            Sincerely,8427                                             John Bozzella,8428                                                 President and CEO,8429                                    Alliance for Automotive Innovation.8430                                 ______84318432              Intelligent Transportation Society of America8433                                                      June 11, 202584348435Hon. Ted Cruz,8436Chairman,8437Committee on Commerce, Science, and Transportation,8438United States Senate8439Washington, DC.8440Hon. Maria Cantwell,8441Ranking Member,8442Committee on Commerce, Science, and Transportation,8443United States Senate8444Washington, DC.84458446    On behalf of the Intelligent Transportation Society of America (ITS8447America), I write to express our enthusiastic support for the8448nomination of Jonathan Morrison to serve as Administrator of the8449National Highway Traffic Safety Administration (NHTSA). Mr. Morrison's8450previous tenure as Chief Counsel at NHTSA as well as his deep8451experience at the intersection of industry, technology, and policy will8452position him for strong success leading the agency.8453    In his previous roles at NHTSA and the U.S. Department of8454Transportation, Mr. Morrison displayed a strong commitment to improving8455transportation safety. He played a pivotal part in shaping safety8456policy for automated vehicles, vehicle communications systems, and8457advanced driver-assistance technologies. His efforts helped lay the8458groundwork for thoughtful Federal engagement in these areas, furthering8459public sector and industry efforts to utilize these technologies for8460substantial safety benefits for the traveling public. We are confident8461that he will continue to remain engaged on these critical opportunities8462as NHTSA Administrator, just as we believe he will underscore8463transportation safety as NHTSA's top regulatory priority.8464    Additionally, Mr. Morrison's extensive private sector experience8465will be an essential enabler of coordination between Federal regulators8466and industry as emerging technologies are implemented in scaled8467throughout our national passenger vehicle fleet. As NHTSA faces the8468dual challenge of addressing historic roadway fatalities while8469preparing for a more automated and connected transportation future, Mr.8470Morrison is uniquely positioned to bridge policy, technology, and8471industry engagement. He understands the importance of Federal8472leadership, public-private coordination, and performance-based8473regulation--each vital to ensuring that innovation is utilized to serve8474the public good.8475    We are confident that, under Mr. Morrison's leadership, NHTSA will8476continue to uphold its core mission while evolving to meet the safety8477challenges and opportunities of the 21st century. We urge the Senate to8478swiftly confirm his nomination.8479            Sincerely,8480                                               Laura Chace,8481                                                 President and CEO,8482                         Intelligent Transportation Society of America.8483                                 ______84848485                             American Trucking Associations8486                                                       July 9, 202584878488Hon. Ted Cruz,8489Chairman,8490Committee on Commerce, Science, and Transportation,8491United States Senate,8492Washington, DC.8493Hon. Maria Cantwell,8494Ranking Member,8495Committee on Commerce, Science, and Transportation,8496United States Senate,8497Washington, DC.84988499Dear Chairman Cruz and Ranking Member Cantwell:85008501    On behalf of the American Trucking Associations (ATA), I write to8502offer ATA's full support for the nomination of Derek Barrs to be8503Administrator of the Federal Motor Carrier Safety Administration8504(FMCSA) of the U.S. Department of Transportation (USDOT).8505    With nearly two decades of experience in law enforcement and the8506commercial motor vehicle sector, Mr. Barrs' career has been defined by8507his emphasis on making our roads safer for all motorists. He has a8508proven track record of strengthening ties between the trucking industry8509and public safety officers to address top transportation challenges8510such as drug impairment, cargo theft, and human trafficking.8511    Mr. Barrs has served in various law enforcement capacities for the8512Florida Department of Transportation and Florida Highway Patrol. Most8513recently, he has been a consultant on traffic-related and commercial8514motor vehicle safety projects across numerous states. He has also been8515an active member of ATA's Law Enforcement Advisory Board since 2021,8516and he has been an active member of the Commercial Vehicle Safety8517Alliance in multiple roles, including serving as the President of the8518Associate Members, where he represented motor carriers and suppliers.8519    Mr. Barrs' deep knowledge of the trucking industry and his8520collaborative approach will make him an invaluable asset to USDOT.8521Under his leadership, ATA is confident that FMCSA will make significant8522progress towards achieving our shared priorities of improving highway8523safety and efficiently delivering the Nation's freight.8524    Mr. Barrs would make a superb FMCSA administrator and support the85258.5 million hardworking men and women employed in the trucking industry8526in every state. We urge members of the Committee to swiftly report his8527nomination favorably to the full Senate for consideration.8528            Sincerely,8529                                               Chris Spear,8530                                                 President and CEO,8531                                        American Trucking Associations.85328533cc: Members of the Senate Committee on Commerce, Science, and8534Transportation8535                                 ______85368537                    Commercial Vehicle Training Association8538                                                       July 9, 202585398540Hon. Ted Cruz,8541Chairman,8542U.S. Senate Committee on Commerce, Science, and Transportation,8543U.S. Senate,8544Washington, DC.8545Hon. Maria Cantwell,8546Ranking Member,8547U.S. Senate Committee on Commerce, Science, and Transportation,8548U.S. Senate,8549Washington, DC.85508551Dear Chairman Cruz and Ranking Member Cantwell:85528553    On behalf of the Commercial Vehicle Training Association (CVTA), I8554am writing to express our strong support for the confirmation of Chief8555Derek Barrs as the next Administrator of the Federal Motor Carrier8556Safety Administration (FMCSA). We believe Chief Barrs is uniquely8557qualified to lead FMCSA, particularly in the critical area of Entry-8558Level Driver Training (ELDT) enforcement: an issue of paramount8559importance to CVTA's national membership.8560    As the Nation's largest association of professional truck driver8561training schools, CVTA is committed to ensuring that all new drivers8562are properly trained and that bad actors who undermine safety standards8563are held accountable. Unfortunately, despite the safety benefits of the8564ELDT Rule, we have long been concerned about inconsistent enforcement8565and the continued presence of substandard training providers on the8566FMCSA's Training Provider Registry (TPR).8567    Chief Barrs' distinguished background in law enforcement,8568particularly his leadership in Florida enforcing trucking regulations,8569positions him as a leader capable of driving meaningful progress in8570this area. His extensive experience managing and overseeing complex law8571enforcement initiatives will be invaluable in ramping up enforcement8572actions against non-compliant training providers. We are confident that8573Chief Barrs will bring a strong, solutions-oriented approach to FMCSA's8574enforcement practices, ensuring that bad actors who are placing8575unqualified drivers on the road are swiftly identified and removed from8576the TPR.8577    CVTA believes that Barrs' law enforcement background equips him8578with the necessary tools to not only ensure that entities are licensed,8579but also to take the next critical step in investigating and auditing8580training programs that may be operating outside the bounds of the law.8581His ability to lead strategic, targeted enforcement efforts will help8582safeguard public safety and reinforce the integrity of our industry.8583    Given his background, commitment to safety, and understanding of8584the importance of effective regulation, we are confident that Chief8585Barrs is the right person to lead FMCSA at this pivotal moment in the8586enforcement of the ELDT Rule. We strongly urge you to support his8587confirmation as Administrator.8588    Thank you for your attention to this matter and for your ongoing8589support of policies that promote safety and professionalism within the8590commercial vehicle industry.8591            Sincerely,8592                                          Andrew Poliakoff,8593                                                Executive Director,8594                               Commercial Vehicle Training Association.8595                                 ______85968597                  Transportation Intermediaries Association8598                                                      July 10, 202585998600Hon. Ted Cruz,8601Chairman,8602United States Senate,8603Committee on Commerce, Science, and Transportation,8604Washington, DC.8605Hon. Maria Cantwell,8606Ranking Member,8607United States Senate,8608Committee on Commerce, Science, and Transportation,8609Washington, DC.86108611Dear Chairman Cruz and Ranking Member Cantwell,86128613    The Transportation Intermediaries Association (TIA) strongly8614supports the nomination of Derek Barrs as Administrator of the Federal8615Motor Carrier Safety Administration (FMCSA). With over 30 years of law8616enforcement experience, including his tenure as Chief of the Florida8617Highway Patrol, Mr. Barrs brings a proven record of leadership across8618both the public and private sectors. His service with the American8619Trucking Associations' Law Enforcement Advisory Board, the Florida8620Trucking Association, and the Flagler Sheriff's Employee Assistance8621Trust Board further demonstrates his deep commitment to transportation8622safety and the success of the industry.8623    Mr. Barrs' expertise in transportation policy and safety uniquely8624positions him to lead FMCSA in addressing the complex challenges facing8625the third-party logistics (3PL) industry. TIA looks forward to working8626with FMCSA and Congress to combat freight fraud, promote fair market8627competition, and modernize the Safety Fitness Determination (SFD)8628process. His forward-thinking leadership will be essential in8629protecting both the supply chain and the traveling public.8630Combating Supply Chain Theft and Strategic Fraud8631    Since the onset of the COVID-19 pandemic, cargo theft has evolved8632into highly sophisticated, coordinated criminal activity. TIA's 20258633State of Fraud in the Industry report documents a staggering 1,5008634percent increase in fraud since 2021, with consumer losses now8635exceeding $35 billion annually. In the first quarter of 2025 alone,8636Highway reported 561 unauthorized carrier login attempts from 428637countries outside North America--a clear sign that freight fraud is now8638a global threat.8639    These criminal schemes today extend far beyond physical theft to8640include system manipulation, carrier impersonation, payment diversion,8641and exploitation of regulatory gaps. These activities not only inflate8642costs but also jeopardize the integrity of the supply chain. TIA8643strongly supports restoring FMCSA's authority to penalize fraudulent8644actors and urges the establishment of a multi-agency task force to8645enhance enforcement and improve cross-agency-jurisdictional8646coordination.8647Protecting Consumers and Market Competition8648    TIA opposes the Biden Administration's proposed rule, Transparency8649in Property Broker Transactions, which would require brokers to8650disclose confidential business information, including pricing8651structures and margins. This mandate would stifle competition, expose8652proprietary business data, and ultimately harm consumers without8653delivering measurable public benefits.8654    Beyond the immediate economic impact, FMCSA's proposed rule also8655raises serious concerns regarding business privacy, operational8656security, and the potential for future regulatory overreach. Requiring8657private companies to disclose proprietary contract terms would erode8658long-standing protections for confidential business information,8659disrupt established business relationships, stifle innovation, and8660create a dangerous precedent for unnecessary government intervention8661across other sectors.8662Modernizing the Safety Fitness Determination (SFD)8663    The current three-tier SFD system is outdated, lacks transparency,8664and does not reflect the realities of today's logistics industry. TIA8665supports transitioning to a simplified, two-tier rating system--``Fit''8666or ``Unfit''--that relies on real-time safety data from inspections,8667crash reports, and electronic logging devices.8668    A modernized system would improve roadway safety, provide brokers8669with clearer and more reliable carrier assessments, and help reduce8670liability risks. TIA urges FMCSA to engage closely with industry8671partners throughout this modernization process to ensure the revised8672system is practical, data-driven, and aligned with real-world8673operations.8674    For over 47 years, TIA has championed policies that support a8675safer, more efficient, and competitive supply chain. Mr. Barrs'8676nomination presents a valuable opportunity to address organized freight8677fraud, protect market fairness, and modernize critical safety8678oversight. TIA stands ready to work with FMCSA, Congress, and the Trump8679Administration to advance these shared priorities and build a stronger,8680safer future for freight transportation.8681            Respectfully,8682                                           Chris Burroughs,8683                                                 President and CEO,8684                       Transportation Intermediaries Association (TIA).8685                                 ______86868687Chairman Ted Cruz,8688Ranking Member Maria Cantwell,8689United States Senate,8690Commerce, Science, and Transportation Committee,8691Washington, DC.86928693Dear Chairman Cruz and Ranking Member Cantwell:86948695    We write in regard to President Trump's nomination of Mr. Paul8696Roberti to serve as the administrator of the Pipeline and Hazardous8697Materials Safety Administration (PHMSA). On behalf of the American Gas8698Association,\1\ the American Fuel & Petrochemical Manufacturers,\2\ the8699American Petroleum Institute,\3\ the American Public Gas8700Association,\4\ GPA Midstream Association,\5\ the Interstate Natural8701Gas Association of America,\6\ and the Liquid Energy Pipeline8702Association,\7\ we encourage your expedited consideration of this8703highly qualified nominee.8704---------------------------------------------------------------------------8705    \1\ For more information, visit www.aga.org.8706    \2\ For more information, visit www.afpm.org.8707    \3\ For more information, visit www.api.org.8708    \4\ For more information, visit www.apga.org.8709    \5\ For more information, visit www.gpamidstream.org.8710    \6\ For more information, visit www.ingaa.org.8711    \7\ For more information, visit www.liquidenergypipelines.org.8712---------------------------------------------------------------------------8713    The members of our associations partner with PHMSA to ensure our8714country has safe and reliable pipelines, delivering the energy8715Americans need. Collectively, we engage with PHMSA in many ways, such8716as commenting on impactful regulatory actions, supporting research and8717development, and collaborating on grant opportunities. With appropriate8718consideration of industry input, PHMSA can be an invaluable partner. We8719believe Mr. Roberti's background and leadership position him to8720strengthen and guide the agency during this pivotal time for pipeline8721safety.8722    Mr. Roberti's experience also sets him up to be a successful8723administrator. Prior to his nomination, Roberti served as Chief Counsel8724at PHMSA, where he played a crucial role in shaping regulatory policy8725and ensuring the safe transport of energy through pipelines. His public8726service career also includes a tenure as Assistant Attorney General in8727Rhode Island and as a Commissioner on the Rhode Island Public Utilities8728Commission, where he oversaw critical infrastructure and utility8729regulation.8730    In summary, Mr. Roberti's deep understanding of PHMSA and pipeline8731safety regulations, prior experience in the organization, as well as8732his personal commitment to pipeline safety are key assets for him to8733lead the agency. We endorse his nomination, and we respectfully urge8734the Committee to move expeditiously in considering this nomination.8735            Sincerely,87368737American Gas Association87388739American Fuel & Petrochemical Manufacturers87408741American Petroleum Institute87428743American Public Gas Association87448745GPA Midstream Association87468747Interstate Natural Gas Association of America87488749Liquid Energy Pipeline Association8750                                 ______87518752                                   American Bus Association8753                                                       July 9, 20258754Hon. Ted Cruz,8755Chair,8756Committee on Commerce, Science, and Transportation,8757United States Senate,8758Washington, DC.87598760Hon. Maria Cantwell,8761Ranking Member,8762Committee on Commerce, Science, and Transportation,8763United States Senate,8764Washington, DC.87658766Dear Chair Cruz and Ranking Member Cantwell:87678768    On behalf of the American Bus Association (ABA), I write to express8769our strong support for the nomination of Derrek Barrs to serve as8770Administrator of the Federal Motor Carrier Safety Administration8771(FMCSA).8772    Founded in 1926, ABA is the leading national trade association8773representing the private motorcoach and group travel industries. Our8774members provide environmentally efficient, safe, and vital8775transportation to hundreds of millions of passengers each year across8776intercity, charter, tour, and commuter services. The industry8777encompasses a wide range of operators--from small, family-owned8778companies to large national carriers--serving both rural and urban8779communities alike.8780    ABA has a long history of constructive engagement with FMCSA on8781issues ranging from vehicle safety and regulatory compliance to8782workforce development, educational outreach and emergency response8783coordination. We believe Mr. Barrs' background--as a seasoned law8784enforcement official and elected transportation industry representative8785within a national trade association--positions him exceptionally well8786to lead the agency during a pivotal time. He brings a steady, pragmatic8787approach to safety oversight, and stakeholder engagement that is both8788collaborative and grounded in real-world understanding.8789    As we look ahead, ABA is eager to work with Administrator Barrs on8790key priorities critical to the motorcoach industry's safe and8791sustainable future, including:87928793   Ensuring Appropriate Regulatory Distinctions: Motorcoach8794        operations differ significantly from freight trucking. FMCSA8795        policy must reflect the unique safety and operational profile8796        of passenger carriers.87978798   Maintaining Federal Preemption in Driver Hours Rules: A8799        consistent national framework is essential to protect safety,8800        reduce legal uncertainty, and avoid conflicting state mandates.88018802   Reconsideration of Speed Limiter Mandates: We support8803        efforts to withdraw or revise proposals that would impose8804        truck-based speed restrictions on motorcoach carriers.88058806   Improving Implementation of English Language Proficiency8807        Rules: Greater clarity and consistency in enforcement would8808        help support safety without compounding workforce challenges.88098810   Reinvesting in FMCSA's Passenger Carrier Division:8811        Strengthening leadership and staff capacity is vital to8812        improving outreach, oversight, and engagement with the8813        passenger sector.88148815    We look forward to engaging directly with Administrator Barrs and8816FMCSA leadership in the weeks ahead and building a strong, solutions-8817oriented partnership to advance shared goals around safety,8818accessibility, and regulatory clarity.8819    Thank you for your consideration of Mr. Barrs' nomination. ABA8820stands ready to support the Committee's work and contribute industry-8821informed insights to help FMCSA fulfill its mission.8822    Thank you for your consideration.8823                                             Fred Ferguson,8824                                                 President and CEO,8825                                              American Bus Association.8826                                 ______88278828                              Women In Trucking Association8829                                                      July 14, 202588308831Hon. Ted Cruz,8832Hon. Maria Cantwell,8833U.S. Senate Commerce Committee,8834Washington, DC.88358836Dear Chairman Cruz and Ranking Member Cantwell:88378838    On behalf of the Women In Trucking Association (WIT), I write to8839express our strong endorsement for Chief Derek Barrs of Florida to8840serve as the next Administrator of the Federal Motor Carrier Safety8841Administration (FMCSA). WIT is a trade association of over 8,0008842members with the mission to advance the employment of women in8843trucking, eliminate barriers, and celebrate successes.8844    Given Chief Barrs' expertise, hands-on vehicle enforcement8845experience and commitment to commercial vehicle operator safety, we8846believe Chief Barrs is a strong pick to lead FMCSA, to address the8847plethora of issues facing an industry that is inextricably tied to not8848only the continued economic success of our country, but to global8849supply chains as well.8850    Women In Trucking remains committed to common sense public policies8851related to increasing truck driver parking capacity, security of truck8852drivers both on and off the road, workforce development initiatives to8853foster opportunities for both men and women and, of course, safety for8854all aspects of the trucking ecosystem. WIT believes that Chief Barr's8855law enforcement expertise and broad experience in both the public and8856private sectors will serve him well as FMCSA balances the interests of8857a broad set of stakeholders in a dynamic and evolving industry. It is8858paramount that the FMCSA incorporate the perspectives of a broad group8859of stakeholders when initiating new programs, enforcement and8860compliance actions, and current regulatory obligations.8861    Finally, please know that WIT remains willing to serve as a8862resource to the Commerce Committee on trucking related issues under the8863purview of the FMCSA, and broader USDOT issues as appropriate.8864            Sincerely yours,8865                                          Jennifer Hedrick,8866                                                 President and CEO.8867                                 ______88688869                               Truckers Against Trafficking8870                                       Englewood, CO, July 10, 202588718872Hon. Ted Cruz,8873Chairman,8874Committee on Commerce, Science, and Transportation,8875U.S. Senate.88768877Hon. Maria Cantwell,8878Ranking Member,8879Committee on Commerce, Science, and Transportation,8880U.S. Senate.88818882Dear Chairman Cruz and Ranking Member Cantwell,88838884    Truckers Against Trafficking (TAT) conveys strong support for the8885nomination of Derek Barrs for the role of FMCSA administrator and8886encourages the Senate Committee on Commerce, Science, and8887Transportation to advance his nomination to the full Senate for8888approval as soon as possible.8889    TAT is a nonprofit organization that educates, equips, empowers and8890mobilizes members of key industries and agencies to combat human8891trafficking. We work alongside key leaders in the commercial vehicle8892industry as well as with commercial vehicle enforcement agencies8893throughout the Nation seeking to make our Nation's roadways safe from8894exploitation and human trafficking.8895    FMCSA's primary mission is to prevent commercial motor vehicle-8896related fatalities and injuries. Mr. Barrs's experience and exceptional8897leadership with the Florida Highway Patrol demonstrate his commitment8898to this mission. Beyond that, another one of FMCSA's high priorities8899has been and continues to be the prevention of human trafficking. Mr.8900Barrs partnered with TAT when he was Chief of the Commercial Vehicle8901Enforcement unit of the Florida Highway Patrol to raise awareness about8902this crime to members of the commercial vehicle industry traveling8903throughout his state.8904    Mr. Barrs continued his advocacy for prevention and intervention of8905this crime after he retired and began working in the private sector,8906making introductions to law enforcement leaders throughout the Nation8907and encouraging their participation in both the Commercial Vehicle8908Safety Alliance's Human Trafficking Awareness Initiative as well as8909with TAT for ongoing awareness and prevention measures. If confirmed,8910TAT looks forward to working with Mr. Barrs in this new role to help8911keep our Nation's roadways safe for all.8912    If you have further questions or comments, please do not hesitate8913to contact me by phone at 918-695-2153 or by e-mail at8914klanier@tatnonprofit.org.8915            Respectfully,8916                                              Kylla Lanier,8917               Deputy Director/Senior Director of External Affairs,8918                                          Truckers Against Trafficking.8919                                 ______89208921                          Coalition for Reimagined Mobility8922                                                      June 13, 202589238924Hon. Ted Cruz,8925Chairman,8926Committee on Commerce, Science, and Transportation,8927United States Senate8928Washington, DC.89298930Hon. Maria Cantwell,8931Ranking Member,8932Committee on Commerce, Science, and Transportation,8933United States Senate,8934Washington, DC.89358936Dear Chairman Cruz, Ranking Member Cantwell, and Members of the8937        Committee:89388939    The Coalition for Reimagined Mobility (ReMo) is pleased to submit8940this letter in strong support of the nomination of Jonathan Morrison to8941serve as Administrator of the National Highway Traffic Safety8942Administration (NHTSA).8943    ReMo is a bipartisan initiative of the nonprofit organization SAFE,8944that is committed to transforming how people and goods move by8945accelerating the adoption and scale of innovative transportation8946technologies. Through cross-sector collaboration, industry-leading8947research, and forward-looking policy development, ReMo identifies and8948addresses barriers to progress. Its work drives solutions that enhance8949economic competitiveness, strengthen national security, and foster8950mobility innovation--advancing a 21st-century transportation system8951that is safe, secure, efficient, and sustainable.8952    ReMo views safety as a foundational pillar of future mobility and8953recognizes NHTSA's critical role in ensuring that regulatory frameworks8954evolve alongside rapid technological change. A key priority in this8955effort must be the establishment of a comprehensive Federal framework8956for automated vehicle (AV) technologies. Such a framework is essential8957to provide regulatory certainty for industry, enable responsible8958scaling of the technology, and unlock the broad societal benefits AVs8959can deliver--from expanded mobility access to reduced crashes and8960emissions. Without Federal leadership, innovation risks being8961constrained by a patchwork of state-level rules, undermining both8962safety outcomes and U.S. competitiveness.8963    Mr. Morrison's extensive background in transportation safety,8964including his prior service as Chief Counsel at NHTSA, makes him8965exceptionally qualified to lead the agency at a time when Federal8966leadership is urgently needed. His experience spans both the public and8967private sectors, and he brings a practical understanding of how to8968uphold safety standards while enabling innovation in vehicle8969technologies.8970    Stakeholders across the transportation ecosystem--including8971automakers, safety advocates, and state and local officials--have8972expressed confidence in Mr. Morrison's qualifications and steady8973leadership. ReMo shares that confidence and believes his confirmation8974would bring much-needed stability and vision to the agency.8975    ReMo urges the Senate to confirm Mr. Morrison without delay.8976NHTSA's mission to reduce roadway fatalities and ensure the safe8977deployment of new mobility technologies cannot wait. ReMo believes Mr.8978Morrison will bring principled, experienced leadership to these8979pressing challenges, and we look forward to working together.8980            Sincerely,8981                                                 Avery Ash,8982                                                Executive Director,8983                              Coalition for Reimagined Mobility (ReMo).8984                        Senior Vice President of Government Affairs8985                                           and Special Initiatives,8986                                             SAFE aash@secureenergy.org8987                                            Ashley Simmons,8988                                                   Deputy Director,8989                               Coalition for Reimagined Mobility (ReMo)8990                                        asimmons@reimaginedmobility.org8991                                 ______89928993                                         Responsibility.org8994                                                      July 10, 202589958996Hon. Ted Cruz,8997Chairman,8998Committee on Commerce, Science, and Transportation8999United States Senate.9000Hon. Maria Cantwell,9001Ranking Member,9002Committee on Commerce, Science, and Transportation,9003United States Senate.90049005Dear Chairman Cruz and Ranking Member Cantwell:90069007    On behalf of the Foundation for Advancing Alcohol Responsibility9008(Responsibility.org), I extend our enthusiastic support for Jonathan9009Morrison to be confirmed as Administrator of the National Highway9010Traffic Safety Administration (NHTSA). We appreciate the Committee9011prioritizing the appointment of a strong leader for this agency, which9012is critical to ensure a committed, comprehensive approach to solving9013our Nation's roadway safety crisis.9014    For over 30 years, it has been the mission of Responsibility.org to9015eliminate drunk driving and underage drinking. We are a national, not-9016for-profit organization funded by the following leading distillers:9017Bacardi U.S.A., Inc.; Beam Suntory; Brown-Forman; Campari Group;9018Constellation Brands, Inc.; DIAGEO; Edrington; Hotaling & Co.; Mast-9019Jagermeister US; Moet Hennessy USA; Ole Smoky; Pernod Ricard USA; and9020William Grant & Sons.9021    We believe Mr. Morrison's extensive experience, including serving9022as NHTSA's chief counsel during President Trump's first term,9023demonstrate his understanding of the agency and underpin his commitment9024to traffic safety. In our fight to end impaired driving and underage9025drinking, we pledge our commitment to work with Mr. Morrison and like-9026minded stakeholders to implement priorities such as the Advanced9027Impaired Driving Prevention Technology Rulemaking required by the9028bipartisan HALT Drunk Driving Law.9029    The NHTSA Administrator is a key position for the traffic safety9030community and has not been filled by a Senate confirmed leader for much9031of the past eight years. We are confident that by working together, we9032can make significant strides in preventing impaired driving and9033creating safer roads for all Americans. If we can be of any further9034assistance, please do not hesitate to contact Kelly Poulsen9035(kelly.poulsen@responsibility.org).9036            Sincerely,9037                                            Leslie Kimball,9038                                                Executive Director,9039                                                     Responsibility.org9040                                 ______90419042    National Association of Pipeline Safety Representatives9043                                                      July 15, 202590449045Senator Ted Cruz,9046Chairman,9047Senate Committee on Commerce, Science, and Transportation,9048Washington, DC.90499050Re: Nomination and Confirmation of Paul Roberti as PHMSA Administrator90519052Dear Senator Cruz and Committee Members:90539054    The National Association of Pipeline Safety Representatives9055(NAPSR), established in 1982, is an organization of state agency9056pipeline safety managers, directors, and technical personnel who are9057responsible for the administration of their state's Pipeline Safety9058Programs. NAPSR's mission is ``to strengthen state pipeline safety9059programs through promotion of improved pipeline safety standards,9060education, training, and technology'' and provides an effective9061mechanism for fostering the federal/state partnership between state9062pipeline safety programs and the Pipeline and Hazardous Materials9063Safety Administration (PHMSA).9064    The state agencies that have partnerships with PHMSA are9065responsible for pipeline safety oversight of approximately\1\:9066---------------------------------------------------------------------------9067    \1\ Based on 2024 PHMSA Annual Report data.90689069   93 percent of U.S. total (102,988 miles) of jurisdictional9070---------------------------------------------------------------------------9071        gas gathering pipelines,90729073   35 percent of U.S. total (103,713 miles) of gas transmission9074        pipelines, and90759076   >99 percent of U.S. total (2,361,946 miles) of gas9077        distribution main and service pipelines.90789079    Additionally, NAPSR members have safety oversight of 80 percent of9080the liquified natural gas (LNG) plants (147) and 71 percent of the LNG9081tanks (194) in the United States.9082    The responsibility for oversight and legal jurisdiction (by9083certifications or agreements with PHMSA) of these pipelines is borne by9084all NAPSR member states. As PHMSA partners, the state members of NAPSR9085have an interest in developing and enforcing regulations that not only9086increase pipeline safety, but that are fair, clear, unambiguous, and9087consistent.9088    NAPSR has been made aware of the upcoming confirmation hearing to9089consider Mr. Paul Roberti as the incoming Administrator of the Pipeline9090and Hazardous Materials Safety Administration (PHMSA). NAPSR would like9091to take the opportunity to communicate our support for Mr. Roberti as9092he moves through the confirmation process. Many of NAPSR's state9093pipeline safety program managers have had interactions with Mr. Roberti9094since 1991 when he was a member of the Rhode Island Public Utilities9095Commission as a Commissioner, then subsequently during his time at9096PHMSA as the Chief Counsel. Mr. Roberti has also been active within the9097National Association of Regulatory Utility Commissioners (NARUC) where9098he interacted with the state pipeline safety program managers. Mr.9099Roberti has demonstrated an understanding of regulated utility and9100pipeline operations and has consistently supported a responsible9101regulatory environment that encourages and enhances public safety.9102NAPSR believes that this understanding of state pipeline safety9103programs, state commissions, and pipeline operations, including the9104challenges faced by each, is valuable when considering his9105qualifications for Administrator. Mr. Roberti's prior position as Chief9106Legal Counsel for PHMSA has also provided him with experience in9107dealing with various Federal safety aspects relating to the9108transportation of hazardous materials that fall within PHMSA's9109jurisdiction. Mr. Roberti has always been professional and enthusiastic9110when discussing pipeline safety issues with members of the NAPSR9111organization. NAPSR supports the consideration of Mr. Roberti for the9112position of Administrator of PHMSA. If confirmed, we look forward to9113continuing NAPSR's relationship with Mr. Roberti in this new role.9114    Thank you for your consideration. Please feel free to reach out to9115me or Mr. Robert Clarillos (NAPSR Administrative Manager) if you have9116any questions.9117            Sincerely,9118                                             David Chislea,9119                                              NAPSR National Chair,9120                                                  chislead@michigan.gov9121C: Robert Clarillos, rclarillos@gmail.com9122Maria Cantwell, Senate Committee Ranking Member9123NAPSR Officers and Board of Directors9124                                 ______91259126             Owner-Operator Independent Drivers Association9127                                    Grain Valley, MO, July 14, 202591289129Hon. Ted Cruz,9130Chairman,9131Senate Committee on Commerce, Science, and Transportation,9132Washington, DC.9133Hon. Maria Cantwell,9134Ranking Member,9135Senate Committee on Commerce, Science, and Transportation,9136Washington, DC.9137RE: Letter of support for Mr. Derek Barrs as Administrator of the9138            Federal Motor Carrier Safety Administration91399140Dear Chairman Cruz and Ranking Member Cantwell:91419142    The Owner-Operator Independent Drivers Association (OOIDA) is the9143largest trade association representing the views of small-business9144truckers and professional truck drivers. We have approximately 150,0009145members located in all fifty states that collectively own and operate9146more than 240,000 individual heavy-duty trucks.9147    We are writing to express our strong support for Derek Barrs to be9148confirmed as Administrator of the Federal Motor Carrier Safety9149Administration (FMCSA). Mr. Barrs' experience as a law enforcement9150officer, as a member of the Commercial Vehicle Safety Alliance (CVSA),9151and in other roles throughout the trucking and transportation sectors9152give him a well-rounded background to understand the important and9153complex issues facing our industry today. During Mr. Barrs' time as a9154leader at CVSA, we appreciated his willingness to hear the concerns of9155small-business truckers and take them into account during the9156Alliance's work, and we believe he will continue this commitment to9157working with the men and women who make their living behind the wheel9158as Administrator.9159    Given his knowledge and experience in the industry, we believe Mr.9160Barrs will be able to carry out commonsense, cost-effective initiatives9161that are already underway at FMCSA. In particular, we look forward to9162working with Mr. Barrs as FMCSA implements the initiatives, pilot9163programs, and regulatory updates announced by Secretary Duffy on June916427th as part of the U.S. Department of Transportation's pro-trucker9165policy package, as well as the President's previously-announced9166executive order regarding English Language proficiency. Truckers have9167asked for these regulatory actions for years, which include things like9168withdrawing an unsafe and unpopular speed limiter mandate proposal and9169providing overdue transparency and fairness to the DataQ process.9170Further, we know he understands that bolstering driver training and9171licensing requirements is critical for improving highway safety. With9172Mr. Barr's confirmation, we believe FMCSA will finally make progress on9173these priorities.9174    We also look forward to working with Mr. Barrs on a critical broker9175transparency rulemaking to ensure that small-business truckers can9176protect themselves against fraud and other unfair practices. This9177rulemaking process dates back to August 2020, when OOIDA's petition to9178initiate a rulemaking was granted by FMCSA during President Trump's9179first term. We strongly support the Notice of Proposed Rulemaking9180(NPRM) later issued in 2024 (Docket # FMCSA-2023-0257, ``Transparency9181in Broker Transactions''), and hope that Mr. Barrs will focus on this9182issue at FMCSA. Improving transparency regulations will enable carriers9183to verify claims charged against them after they finish hauling a load9184and better identify fraudulent activity that has plagued our industry.9185    Given his past experience and demonstrated commitment to working9186with small trucking businesses and professional drivers, we encourage9187your Committee to approve Mr. Barrs' nomination without delay.9188    Thank you,9189                                              Todd Spencer,9190                                                 President and CEO,9191                   Owner-Operator Independent Drivers Association, Inc.91929193cc: Members of the Senate Committee on Commerce, Science, and9194Transportation9195                                 ______91969197                               National Tank Truck Carriers9198                                                      July 11, 202591999200Chairman Ted Cruz,9201U.S. Senate Committee on Commerce, Science, and Transportation,9202Washington, DC.9203Ranking Member Maria Cantwell,9204U.S. Senate Committee on Commerce, Science, and Transportation,9205Washington, DC92069207Chairman Cruz and Ranking Member Cantwell:92089209    The National Tank Truck Carriers (NTTC) expresses its strong9210support for Derek Barrs to serve as the Administrator of the Federal9211Motor Carrier Safety Administration (FMCSA). As the leading voice of9212the American tank truck industry, NTTC recognizes the critical9213importance of FMCSA's leadership in ensuring public safety and9214operational excellence for our Nation's transportation sector.9215    Mr. Barrs brings decades of law enforcement, regulatory, and9216highway safety experience that uniquely qualifies him to lead FMCSA in9217pursuit of its mission to reduce crashes, injuries, and fatalities9218involving large trucks and buses. As a Florida Highway Patrol Chief,9219Mr. Barrs demonstrated a commitment to data-driven enforcement,9220industry engagement, and high safety standards.9221    Additional leadership and service with the Commercial Vehicle9222Safety Alliance and American Trucking Associations showcased Mr. Barrs'9223clear understanding of both the regulatory and operational sides of9224commercial transportation. NTTC is convinced that as Administrator, Mr.9225Barrs will prioritize safety solutions that reflect real-world9226conditions.9227    NTTC urges the Senate to prioritize this nomination and confirm Mr.9228Barrs as Administrator of FMCSA without delay. NTTC is ready to9229collaborate with Mr. Barrs and all Department of Transportation9230component agencies to advance policies that enhance safety, efficiency,9231and sustainability across all modes of transportation.9232            Regards,9233                                             Ryan Streblow,9234                                                 President and CEO.9235                                 ______92369237                             National Sheriffs' Association9238                                                      July 15, 202592399240Hon. Ted Cruz,9241Chairman,9242Committee on Commerce, Science, and Transportation,9243Washington, DC.9244Hon. Maria Cantwell,9245Ranking-Member,9246Committee on Commerce, Science, and Transportation,9247Washington, DC.92489249Dear Chairman Cruz and Ranking Member Cantwell:92509251    On behalf of the National Sheriffs' Association and the 3,0819252elected Sheriffs serving communities nationwide, I am pleased to offer9253our strong endorsement of Jonathan Morrison's nomination to serve as9254the Administrator of the National Highway Traffic Safety9255Administration.9256    Mr. Morrison brings deep expertise and demonstrated leadership to9257the role. As NHTSA Chief Counsel during the first Trump Administration,9258he played an instrumental role in shaping policies and regulatory9259frameworks that continue to evolve and require strong, knowledgeable9260leadership. His understanding of Federal transportation safety law9261makes him exceptionally able to lead NHTSA through this next chapter.9262    The National Sheriffs' Association has long worked with NHTSA9263through our Traffic Safety Committee to advance national road safety9264initiatives, and Mr. Morrison has played a key role in supporting this9265mission. He has helped the agency deploy resources effectively9266particularly to sheriffs' offices, which often serve as both law9267enforcement and public safety leaders, and has championed increased9268visibility for traffic safety programming within these agencies. Under9269his leadership, we expect NHTSA to continue working closely with NSA to9270address priority issues such as impaired and distracted driving,9271occupant protection, and speed enforcement. His deep policy knowledge9272and understanding of law enforcement will help align local needs with9273national safety goals.9274    We are confident Jonathan Morrison will bring steady leadership,9275unmatched experience, and a deep respect for law enforcement to the9276role of Administrator, ultimately resulting in a continued partnership9277that advances the shared goal of reducing roadway fatalities and9278enhancing public safety. We enthusiastically endorse his nomination and9279urge the Committee to act swiftly. We look forward to his confirmation9280by the full Senate.9281            Very Respectfully,9282                                        Sheriff Chris West,9283                                     Canadian County, OK President,9284                                        National Sheriffs' Association.9285Cc: POTUS9286Senator John Thune, Majority Leader9287Senator Charles Schumer, Minority Leader9288Secretary John Duffy, USDOT9289Jonathan Thompson, Executive Director/CEO9290                                 ______92919292                    National Automobile Dealers Association9293                                                      July 15, 202592949295Hon. Ted Cruz,9296Chairman,9297Committee on Commerce, Science, and Transportation,9298U.S. Senate,9299Washington, DC.9300Hon. Maria Cantwell,9301Ranking Member,9302Committee on Commerce, Science, and Transportation,9303U.S. Senate,9304Washington, DC.93059306Dear Chairman Cruz and Ranking Member Cantwell:93079308    The National Automobile Dealers Association (``NADA''), which9309represents over 16,000 franchised automobile and truck dealerships that9310sell new and used motor vehicles and engage in service, repair, and9311parts sales, write to strongly support the nomination of Jonathan9312Morrison of California to be the Administrator of the National Highway9313Traffic Safety Administration (``NHTSA'').9314    NADA works closely with its state association counterparts through9315advocacy and compliance assistance efforts. In this capacity, NADA9316collaborated with Mr. Morrison on several key safety issues during his9317eight years as director of legal and regulatory affairs for the9318California New Car Dealers Association. We had similar experience9319working with Mr. Morrison as president of Auto Advisory Services.9320    In addition to his policy work related to auto retailing, Mr.9321Morrison has extensive automotive safety experience, including through9322his prior service as Chief Counsel for NHTSA. In these positions, he9323has established that he is well-equipped to lead NHTSA and support the9324administration's safety goals. For example, Mr. Morrison worked9325diligently on such issues as vehicle autonomy and the modernization of9326Federal odometer disclosure regulations. NADA is confident that Mr.9327Morrison will successfully lead NHTSA to fulfill its core mission ``to9328save lives, prevent injuries, and reduce economic costs due to road9329traffic crashes, through education, research, safety standards, and9330enforcement.''9331    Thank you for your consideration.9332            Sincerely,9333                                              Mike Stanton,9334                                                 President and CEO.9335                                 ______93369337                             Truckload Carriers Association9338                                                       May 30, 202593399340Hon. Ted Cruz,9341Chairman,9342United States Senate,9343Committee on Commerce, Science and Transportation,9344Washington, DC.9345Hon. Maria Cantwell,9346Ranking Member,9347United States Senate,9348Committee on Commerce, Science and Transportation,9349Washington, DC.93509351Dear Chairman and Ranking Member:93529353    On behalf of the Truckload Carriers Association (TCA), I strongly9354support Jonathan Morrison's nomination as the next Administrator of the9355National Highway Traffic Safety Administration (NHTSA).9356    The truckload segment of the trucking industry moves approximately935775 percent of all freight transported by all modes in the United9358States. As such, our industry plays a vital role in keeping America's9359supply chain moving and ensuring goods reach communities across the9360Nation safely and efficiently.9361    To protect all drivers on our Nation's highways, TCA continues to9362advocate for the continuous development of safety technologies such as9363Automatic Emergency Braking Systems and finding other ways to reduce9364accidents, big or small. Morrison's leadership and experience make him9365exceptionally well-suited to lead the NHTSA in advancing these9366priorities.9367    We fully believe in Mr. Morrison's abilities and respectfully ask9368the Senate to confirm his nomination. We know that he will bring his9369expertise and dedication to the role.9370            Sincerely,9371                                                  Jim Ward,9372                                                         President,9373                                                                   TCA.9374                                 ______93759376                           Major County Sheriffs of America9377                                                      June 29, 20259378Hon. Ted Cruz, Chair,9379Hon. Maria Cantwell, Ranking Member,9380Senate Committee on Commerce, Science, and Transportation,9381Washington, DC.93829383Dear Chair Cruz, Ranking Member Cantwell, and Members of the Committee:93849385    On behalf of the Major County Sheriffs of America (MCSA), I write9386to express our support for the nomination of Jonathan Morrison to serve9387as Administrator of the National Highway Traffic Safety Administration9388(NHTSA). MCSA represents the largest Sheriff's offices in the country--9389serving counties with populations of 400,000 or more and employing over9390700 personnel. Collectively, we protect more than one-third of the U.S.9391population.9392    Our leadership recently met with Mr. Morrison, who demonstrated a9393strong commitment to rebuilding NHTSA's partnership with law9394enforcement and emphasized the need for greater collaboration to9395address the Nation's rising traffic fatality crisis. He identified9396enforcement of traffic safety laws--particularly impaired driving--and9397advancing public safety innovation as key priorities. Mr. Morrison9398expressed readiness to work closely with MCSA and other stakeholders to9399support effective policies, improved testing technologies, and9400consistent enforcement.9401    Next Generation 911 (NG911) remains a top priority for MCSA. Mr.9402Morrison indicated a willingness to engage further on how NHTSA can9403support NG911 implementation and ensure emergency communications9404upgrades meet the evolving needs of public safety agencies nationwide.9405    We also discussed challenges law enforcement faces in obtaining9406vehicles for their fleets due to manufacturing slowdowns and supply9407backlogs. Mr. Morrison acknowledges the importance of addressing these9408issues and expressed his commitment to working with MCSA and other9409stakeholders to find solutions that ensure officers have access to9410safer, reliable vehicles.9411    With a career spanning legal, regulatory, and executive roles9412across the automotive and technology sectors--including service as9413NHTSA Chief Counsel--Mr. Morrison brings strong, relevant experience to9414the agency.9415    We urge the Committee to confirm Jonathan Morrison and look forward9416to working with him to enhance public safety and reduce roadway9417fatalities across the country.9418            Sincerely,9419                                              Megan Noland,9420                                                Executive Director,9421                                      Major County Sheriffs of America.9422                                 ______94239424                              Mothers Against Drunk Driving9425                                          Irving, TX, July 15, 202594269427Hon. Ted Cruz,9428Chairman,9429Committee on Commerce, Science, and Transportation,9430United States Senate,9431Washington, DC.9432Hon. Maria Cantwell,9433Ranking Member,9434Committee on Commerce, Science, and Transportation,9435United States Senate,9436Washington, DC.94379438Dear Chairman Cruz and Ranking Member Cantwell:94399440    On behalf of Mothers Against Drunk Driving (MADD), thank you for9441considering the nomination of Jonathan Morrison as Administrator of the9442National Highway Traffic Safety Administration (NHTSA). This nomination9443hearing comes at a critical time for traffic safety in America, and Mr.9444Morrison's confirmation as NHTSA's leader will position the agency to9445tackle the hard work ahead to save lives and prevent injuries on9446America's roads.9447    In recent years, our Nation has experienced an alarming spike in9448traffic deaths primarily due to impaired driving, speeding, and not9449using seat belts. For the first time in more than a decade, alcohol-9450impaired driving deaths rose to more than 13,000 during 2021 and 2022.9451    MADD stands ready to support the crucial work ahead for safer9452roads. Victims and survivors whom MADD serves every day know their9453voices can bring change and prevent tragedy from striking other9454innocent families. Alongside them and our partners, MADD is working9455toward a future when technology will prevent an intoxicated person from9456driving, as intended in the HALT Drunk Driving Law.9457    We look forward to working with Mr. Morrison and NHTSA to advance9458the law's requirement for an Advanced Impaired Driving Prevention9459Technology rulemaking.9460    Putting an end to the violent, preventable crime of substance-9461impaired driving requires collaboration among government, industry,9462traffic safety experts, and advocates. NHTSA has been without a9463confirmed Administrator for far too long, and the confirmation of Mr.9464Morrison will provide the leadership needed to guide our Nation out of9465this heartbreaking public health and safety crisis.9466            Sincerely,9467                                         Stacey D. Stewart,9468                                                               CEO,9469                                  Mothers Against Drunk Driving (MADD).9470                                 ______94719472                                                       Lyft9473                                                      July 10, 202594749475Hon. Ted Cruz,9476Chairman,9477Committee on Commerce, Science, and Transportation,9478United States Senate,9479Washington, DC.9480Hon. Maria Cantwell,9481Ranking Member,9482Committee on Commerce, Science, and Transportation,9483United States Senate,9484Washington, DC.94859486Dear Chairman Cruz and Ranking Member Cantwell,94879488    On behalf of Lyft, I write to express strong support for Jonathan9489Morrison's nomination to serve as the next Administrator of the9490National Highway Traffic Safety Administration (NHTSA). Mr. Morrison's9491expertise and leadership will prove invaluable in this critical role,9492and we look forward to the opportunity to partner with him and NHTSA to9493advance the safety and leadership of the American transportation9494industry.9495    Lyft is driven by our purpose: to serve and connect. Through9496innovative technology and strategic partnerships, Lyft has enhanced9497access to transportation, connecting approximately two million riders9498and drivers daily, while fostering economic growth by offering flexible9499earning opportunities for drivers. Lyft facilitates transportation for9500tens of millions of workers to reach their jobs, interviews, training9501sessions, and business travel destinations, thereby fostering a more9502productive and efficient workforce. We also have programs designed to9503enhance transportation access for seniors and veterans.9504    We are proud of the vital role Lyft plays in complementing9505traditional transportation systems to help people reach their9506destinations more safely and efficiently. Each year, Lyft surveys tens9507of thousands of riders and drivers and publishes our findings via our9508Economic Impact Report. Our 2024 Report found that:95099510   61 percent of riders use Lyft to find a rideshare driver9511        when they are planning to drink alcohol or use another9512        substance that could impair their driving ability95139514   94 percent of riders living with a disability or other9515        chronic condition say Lyft has increased their access to9516        transportation95179518   42 percent of riders use Lyft to get around outside of9519        transit operating hours95209521    Since Day One, we have designed our policies and features to9522protect both drivers and riders, and we are always looking for ways to9523make Lyft even safer for our community. For example, our Smooth Cruiser9524program provides reports to drivers to help inform them of their9525driving behavior and encourage them to adopt safer driving practices.9526Results from the program have shown it is helping drivers make better9527informed decisions on the road, thus contributing to safer roads for9528all community members.9529    As autonomous vehicles (AVs) attain a growing footprint on U.S.9530roads, Lyft will play a key role. We believe the future of ridesharing9531will be a hybrid model--combining both human-driven cars and autonomous9532vehicles. As a result, the AV industry will grow alongside the9533rideshare sector. We have planned partnerships with leading AV9534manufacturers and technology companies to deploy AVs on our platform.9535Our world-class fleet management, sophisticated marketplace engine, and9536large-scale demand represent the best way for AV companies, OEM9537manufacturers, and fleet owners to commercialize their assets. With Mr.9538Morrison's leadership and previous work at DOT as NHTSA chief counsel,9539we're optimistic about the opportunities to enable and promote the9540continued development and deployment of AVs in the United States.9541    At Lyft, we are committed to fostering efficient mobility9542solutions. We align with the goal of modernizing the transportation9543network and are eager to support the Department of Transportation's9544initiatives to advance transportation policy and innovation for the9545benefit of all Americans--including the recent AV Framework9546announcement. We urge the Senate Commerce, Science, and Transportation9547Committee to favorably report Mr. Morrison's nomination expeditiously9548so he can begin serving as the next NHTSA Administrator.9549            Sincerely,9550                                              Jerry Golden,9551                                              Chief Policy Officer.9552                                 ______95539554                                   Schneider National, Inc.9555                                        Green Bay, WI, July 1, 202595569557Hon. Tammy Baldwin,9558U.S. Senate,9559Washington, DC.95609561Dear Senator Baldwin,95629563    On behalf of Schneider National, Inc., I write to express my9564support for the nomination of Derek Barrs to be Administrator of the9565Federal Motor Carrier Safety Administration (FMCSA) of the U.S.9566Department of Transportation (DOT). As you know, Schneider has been9567headquartered in Wisconsin for 90 years and currently moves9568approximately 9.1 million freight miles per day.9569    Mr. Barrs has accumulated invaluable knowledge after nearly two9570decades of experience working with the commercial motor vehicle9571industry. Mr. Barrs spent most of his career in various roles within9572the Florida Department of Transportation and Florida Highway Patrol,9573including as Chief of the Florida Highway Patrol. Mr. Barrs further9574honed his industry knowledge and relationships through his involvement9575with various trade associations, including the American Trucking9576Association and the Commercial Vehicle Safety Alliance (CVSA). At CVSA,9577his expertise led him to become President of the Associate Members and9578Chairman of the Enforcement and Industry Modernization Committee.9579    Through these roles, he demonstrated his ability to foster9580partnerships between the trncking industry, public officials, and law9581enforcement officers. This skillset is vital for an effective FMCSA9582Administrator, and Mr. Barrs' experience has given him firsthand9583knowledge of current matters like the importance of increasing truck9584parking capacity, the dangers of cargo theft and impaired driving, and9585the potential of autonomous vehicles.9586    Schneider had the opportunity to work with Mr. Barrs in some of his9587past roles, and we expect that he will bring the same effectiveness to9588his post at the FMCSA. I urge you to support his nomination in the9589Senate Commerce, Science and Transportation Committee and on the Senate9590floor.9591            Sincerely,9592                                               Mark Rourke,9593                                                 President and CEO,9594                                               Schneider National, Inc.9595                                 ______95969597                      National Asphalt Pavement Association9598                                       Greenbelt, MD, July 15, 202595999600Hon,Ted Cruz,9601Chairman,9602Senate Committee on Commerce, Science, and Transportation,9603Washington, DC.9604Hon. Maria Cantwell,9605Ranking Member,9606Science Committee on Commerce, Science, and Transportation,9607Washington, DC.96089609Dear Chairman Cruz and Ranking Member Cantwell,96109611    On behalf of the National Asphalt Pavement Association (NAPA), I'd9612like to express our support for President Trump's Nominee, Mr. Jonathan9613Morrison, of California, to be Administrator of the National Highway9614Traffic Safety Administration (NHTSA).9615    NAPA is the lone Washington DC trade association representing over96161,100 companies involved in asphalt pavement production and paving9617application across the Nation. Our industry produces over 400M tons of9618asphalt pavement annually, supporting close to 350,000 jobs nationwide,9619with plants in virtually every Congressional district. Asphalt9620comprises roughly 94 percent of the roadway market, and over 80 percent9621of the airfield pavement market. Asphalt mix plants provide the9622critical pavement materials needed to build and maintain the Nation's9623almost 4 million roadway miles.9624    Over the past decades, asphalt pavers and contractors have faced9625the grim reality of dangerous work environments. Time and time again,9626we see crashes, injuries, and fatalities plaguing the road building9627community. Although the annual number of crashes is down over the past9628decade, crash severity and impact has increased, in large part due to9629erratic, distracted and intoxicated driving. We continue to see nearly96301,000 fatalities in work zones annually--many of which are workers, but9631the vast majority are drivers.9632    We welcome the opportunity to work with Administrator Designee9633Morrison on this critical issue as work zone safety policy directly9634impacts the wellbeing of our workers. NHTSA plays a key role in9635providing valuable data, safety expertise, and recommendations for the9636State Departments of Transportation (DOTs) and car manufacturers.9637Without the tools and resources that NHTSA provides, the Federal9638Highway Administration (FHWA) and State DOTs will not be able to9639improve the conditions for the workers who are building the foundation9640of the American economy. We see NHTSA as a key partner as we continue9641to craft and advance policies to improve work zone safety, and we9642welcome Nominee Morrison to the agency.9643    Thank you for your consideration and please consult NAPA as an9644industry resource as your Committee works on critical regulatory9645policies and highway reauthorization legislative text this Congress.9646            Sincerely,9647                                                 Nile Elam,9648                              Vice President of Government Affairs,9649                                 National Asphalt Pavement Association.9650                                 ______96519652                                    PrePass Safety Alliance9653                                                      July 15, 202596549655Hon. Ted Cruz,9656Chairman,9657Committee on Commerce, Science, and Transportation,9658United States Senate,9659Washington, DC.9660Hon. Maria Cantwell,9661Ranking Member,9662Committee on Commerce, Science, and Transportation,9663United States Senate,9664Washington, DC.96659666Dear Chairman Cruz and Ranking Member Cantwell:96679668    PrePass Safety Alliance strongly supports the nomination of Retired9669Chief Derek Barrs of Florida to serve as Administrator of the Federal9670Motor Carrier Safety Administration (FMCSA).9671    Chief Barrs is widely respected throughout the commercial vehicle9672safety community following a distinguished career with the Florida9673Highway Patrol. His professional background, including his current role9674in the private-sector, reflects a deep understanding of the federal-9675state partnership that underpins FMCSA's work and demonstrates his9676appreciation for the perspectives of both regulators and industry. His9677longstanding engagement with the American Trucking Associations and the9678Commercial Vehicle Safety Alliance further affirms his capacity to9679unite stakeholders around common-sense, safety-driven policy.9680    As the Nation's most successful non-profit, public-private9681partnership between state enforcement agencies and the motor carrier9682industry, PrePass Safety Alliance operates the PrePass program that9683enables safe and compliant carriers to bypass at weigh stations9684nationwide. This allows enforcement resources to be focused on higher-9685risk operators. The Alliance's carrier customers span from single-truck9686owner-operators to the country's largest fleets and includes9687specialized carriers across the Nation. With over $1 billion invested9688in highway safety infrastructure--without the use of taxpayer funds--9689PrePass advanced technologies contribute meaningfully to both safety9690and the efficient flow of commerce across the country.9691    A productive, transparent, and collaborative relationship between9692FMCSA, state agencies, and the trucking industry is essential to9693achieving shared safety goals on our Nation's highways. Since FMCSA's9694establishment in 2000, PrePass Safety Alliance has built a strong9695working relationship and engaged consistently with the agency. FMCSA's9696safety data is also foundational to the Alliance's operations and9697supports the safety compliance efforts of its 46 partner states.9698    PrePass Safety Alliance believes that Chief Barrs will bring9699principled, effective leadership to FMCSA at a time when the agency's9700mission is critically important. His nomination deserves prompt9701confirmation. FMCSA's charge--to reduce crashes, injuries, and9702fatalities involving large trucks and buses--requires experienced,9703steady leadership.9704    The Alliance looks forward to working with Chief Barrs in pursuit9705of safer and more efficient highways. We urge his swift consideration9706by the Committee and confirmation by the Senate.9707            Sincerely,9708                                              Mark Doughty,9709                                                 President and CEO,9710                                               PrePass Safety Alliance.9711                                 ______97129713                                Daimler Truck North America9714                                        Portland, OR, July 11, 202597159716Hon. Ted Cruz,9717Chairman,9718Committee on Commerce, Science, and Transportation,9719United States Senate,9720Washington DC.9721Hon. Maria Cantwell,9722Ranking Member,9723Committee on Commerce, Science, and Transportation,9724United States Senate,9725Washington DC.97269727Dear Chairman Cruz and Ranking Member Cantwell,97289729    On behalf of Daimler Truck North America (DTNA), I am writing to9730express our strong support for the nomination of Derek Barrs for9731Administrator of the Federal Motor Carrier Safety Administration9732(FMCSA).9733    DTNA is the largest commercial vehicle manufacturer in the United9734States, with over 40 percent market share in the Class 7 and 8 heavy-9735duty on-highway segment. This market leadership means that fully 309736percent of America's goods are delivered using our products daily.9737Whether it's hauling freight, transporting people, or building and9738maintaining critical infrastructure, our truck and bus brands,9739including Freightliner, Western Star, Thomas Built Buses, Freightliner9740Custom Chassis, and Detroit Diesel, are trusted by our Nation's fleets.9741Our 18,000 U.S. employees are dedicated to keeping America moving. DTNA9742strongly believes in investing in America to drive economic growth,9743create jobs, and ensure a stable and prosperous future for all9744Americans.9745    As the market leader for heavy-duty vehicles, DTNA has a long9746history of working closely with FMCSA and recognizes the enormous9747responsibilities of the Administrator. Mr. Barrs's extensive experience9748on both the public and private sides of the commercial motor vehicle9749industry is a testament to the leadership and vision he will bring to9750FMCSA.9751    Members of my organization have worked closely with Mr. Barrs in9752his previous roles and DTNA is confident that under his leadership, the9753American people will benefit from his tireless work and commitment to9754service. DTNA strongly encourages you to support Mr. Barrs's swift9755nomination and we look forward to the positive impact he will bring to9756FMCSA.9757    DTNA eagerly anticipates working with the Committee, President9758Trump, and FMCSA on advancing policies and regulations, including9759through the upcoming Surface Transportation Reauthorization, that will9760support reliable transportation nationwide, the economy, roadway9761safety, and innovation.9762            Sincerely,9763                                            Sean T. Waters,9764                                 Vice President, Product Integrity,97659766CC: Derek Barrs, Nominee, Administrator of Federal Motor Carrier Safety9767Administration9768                                 ______97699770                            Damage Prevention Action Center9771                                                      July 16, 202597729773Chairman Ted Cruz,9774Ranking Member Maria Cantwell,9775United States Senate,9776Commerce, Science, and Transportation Committee,9777Washington, DC.97789779Re: Support for Paul Roberti to lead the U.S. Department of9780            Transportation's Pipeline and Hazardous Materials Safety9781            Administration97829783Dear Chairman Cruz and Ranking Member Cantwell:97849785    The Damage Prevention Action Center (DPAC) is writing to express9786its support for President Donald J. Trump's nomination of Mr. Paul9787Roberti to serve as Administrator of the Pipelines and Hazardous9788Materials Safety Administration (PHMSA). Given Mr. Roberti's extensive9789qualifications, experience, and the importance of pipeline safety to9790communities across the country, we encourage you to expedite your9791consideration of his nomination.9792    DPAC is a coalition of energy, utility and construction industry9793leaders advocating for public policies and industry practices that9794protect America's critical underground utility infrastructure and those9795who work and live near these important assets.\1\9796---------------------------------------------------------------------------9797    \1\ Damage Prevention Action Center members: htps://9798damagepreventionactioncenter.com/members/9799---------------------------------------------------------------------------9800    Damage to buried utilities costs America $30 billion annually,\2\9801disrupts businesses and communities, cuts off critical utility service,9802and can result in injuries and fatalities. As America's infrastructure9803continues to expand, strong leadership is crucial to safeguarding our9804critical buried utilities and pipelines.9805---------------------------------------------------------------------------9806    \2\ Common Ground Alliance's DIRT Report: htps://9807dirt.commongroundalliance.com/9808---------------------------------------------------------------------------9809    Mr. Roberti's demonstrated leadership positions him to be a strong9810PHMSA Administrator during this critical time in pipeline safety. As9811Chief Counsel of PHMSA during President Trump's first term, he helped9812shape important public policies to improve pipeline safety, and as9813Commissioner of the Rhode Island Utility Commission, he oversaw9814critical utility and infrastructure regulation.9815    DPAC urges swift confirmation of Mr. Roberti and looks forward to9816collaborating with Mr. Roberti, PHMSA leaders, this committee, and9817Congress to pass the PIPES Act, and enhance and improve our industry's9818safety while delivering quality and safe underground utility9819infrastructure projects to America.9820            Sincerely,9821                                    Sarah K. Magruder Lyle,9822                                                Executive Director,9823                                       Damage Prevention Action Center.9824                                 ______98259826                               Florida Trucking Association9827                                     Tallahassee, FL, July 10, 202598289829Hon. Ted Cruz,9830Chairman,9831United States Senate,9832Committee on Commerce, Science, and Transportation,9833Washington, DC.9834Hon. Maria Cantwell,9835Ranking Member,9836Committee on Commerce, Science, and Transportation,9837United States Senate,9838Washington, DC.98399840Dear Chairman Cruz and Ranking Member Cantwell:98419842    On behalf of Florida Trucking Association (FTA), I write to offer9843FTA's full support for the nomination of Derek Barrs to be9844Administrator of the Federal Motor Carrier Safety Administration9845(FMCSA) of the U.S. Department of Transportation (USDOT).9846    With an extensive background in law enforcement, particularly9847through his distinguished service with the Florida Highway Patrol,9848coupled with his exemplary collaboration with Florida Trucking9849Association, Derek brings a wealth of experience, insights, and9850dedication that would be invaluable to the committee.9851    Mr. Barrs has demonstrated outstanding leadership and commitment9852throughout his tenure with the Florida Highway Patrol. As a Chief9853within the force, he has continually exhibited exemplary9854professionalism, integrity, and a steadfast commitment to upholding the9855law.9856    Mr. Barrs' close working partnership with FTA is a testament to his9857ability to foster collaborative relationships between law enforcement9858agencies and key stakeholders in the transportation industry. His9859efforts in this regard have enhanced safety measures on Florida's9860roadways and facilitated strategies and policies to both protect and9861promote the trucking industry.9862    Mr. Barrs possesses a deep understanding of the complexities and9863challenges facing the trucking industry--from individual driver to9864large national fleet. His insights into emerging trends, best9865practices, and innovative solutions make him a valuable asset in9866working to promote the mission of USDOT.9867    Mr. Barrs would make an excellent FMCSA administrator. We ask9868members of the Committee to report his nomination favorably to the full9869Senate for consideration.9870            Sincerely,9871                                        Alix Miller, Ph.D.,9872                                                 President and CEO,9873                                          Florida Trucking Association.98749875cc: Members of the Senate Committee on Commerce, Science, and9876Transportation9877                                 ______98789879                                          Trucking Alliance9880                                                      July 10, 202598819882Hon. Ted Cruz,9883Chairman,9884Committee on Commerce, Science, and Transportation,9885U.S. Senate,9886Washington, DC.9887Hon. Maria Cantwell,9888Ranking Member,9889Committee on Commerce, Science, and Transportation,9890U.S. Senate,9891Washington, DC.98929893Dear Chairman Cruz and Ranking Member Cantwell,98949895    The Alliance for Driver Safety & Security (aka The Trucking9896Alliance) urges your committee's bipartisan support of Derek Barrs as9897the next FMCSA Administrator. The Trucking Alliance is a coalition of9898trucking, logistics and intermodal companies that collectively employs9899more than 102,000 people in serving the Nation's supply chain network.9900    The FMCSA has one stated mission: ``to reduce crashes, injuries,9901and fatalities involving large trucks and buses.'' The Trucking9902Alliance supports that mission and, in fact, believes that with the9903right safety reforms, our industry can eliminate all large truck crash9904fatalities.9905    Derek Barrs experience in commercial vehicle law enforcement will9906be a tremendous asset to achieving FMCSA's mission. Mr. Barrs9907understands the challenges that truck drivers face to safely deliver9908the goods upon which all of us depend. We believe he will lift up the9909truck driver's public image and their importance to the U.S. economy,9910while also making sure that the laws and regulations that can make the9911industry safer are never ignored. Derek Barrs is the perfect choice to9912lead FMCSA.9913            Sincerely,9914                                                 Lane Kidd,9915                                                 Managing Director,9916                                                     Trucking Alliance.9917                                 ______99189919                             American Trucking Associations9920                                   Washington, DC, January 28, 202599219922Secretary Sean Duffy,9923U.S. Department of Transportation,9924Office of the Secretary of Transportation,9925Washington, DC.99269927Mr. Secretary:99289929    On behalf of the American Trucking Associations (ATA), the9930undersigned organizations, and the 8.5 million hardworking men and9931women employed in the trucking industry in every state and9932congressional district, we write to express full support for the9933nomination of Derek Barrs to be Administrator of the Federal Motor9934Carrier Safety Administration (FMCSA) of the U.S. Department of9935Transportation (DOT).9936    Mr. Barrs's experience in the commercial motor vehicle industry9937spans nearly 17 years, demonstrating dedication to ensuring highway9938safety while serving in various law enforcement capacities for the9939Florida Department of Transportation and Florida Highway Patrol. Mr.9940Barrs's extensive leadership in commercial enforcement equips him with9941a unique perspective on issues impacting the commercial motor vehicle9942industry and positions him as an exceptionally qualified candidate to9943lead the FMCSA. Beyond Mr. Barrs's experience in commercial vehicle9944enforcement, he brings over five years of industry experience, working9945most recently as a consultant on traffic-related and commercial motor9946vehicle safety projects across various states. The experience and9947expertise Mr. Barrs gleaned through these roles ultimately led him to a9948position on ATA's Law Enforcement Advisory Board in 2021, where he has9949helped strengthen the ties between the trucking industry and the law9950enforcement community. This group's active collaboration with Federal9951and state officials, along with local, state, and national law9952enforcement organizations, has been instrumental in securing hundreds9953of millions of dollars in Federal grant funding to expand truck parking9954capacity nationwide. Additionally, as a member of the Board, Mr. Barrs9955has provided critical insights into pressing issues affecting the CMV9956community and highway safety, including marijuana and drug impairment,9957cargo theft, and human trafficking. Mr. Barrs has also dedicated9958countless hours to the Commercial Vehicle Safety Alliance, serving in9959multiple roles and most recently as the President of the Associate9960Members, representing motor carriers and suppliers to the industry.9961    Mr. Barrs extensive work history would be an invaluable resource to9962the FMCSA and the men and women employed in the trucking industry who9963share a common goal of highway safety. He would undoubtedly facilitate9964a reliable and effective partnership between DOT and the commercial9965motor vehicle industry.9966    ATA, the National Tank Truck Carriers, and Truckload Carriers9967Association believe that Derek Barrs would make a superb FMCSA9968Administrator, and we urge the DOT to swiftly nominate him to this9969position.9970            Sincerely,9971                                               Chris Spear,9972                                                 President and CEO,9973                                        American Trucking Associations.9974                                                  Jim Ward,9975                                                 President and CEO,9976                                        Truckload Carriers Association.9977                                             Ryan Streblow,9978                                                 President and CEO,9979                                      National Tank Truck Carriers.9980                                 ______99819982                                    PrePass Safety Alliance9983                                     Phoenix, AZ, February 21, 202599849985Hon. Donald J. Trump,9986The White House,9987Washington, DC.99889989Dear President Trump,99909991    PrePass Safety Alliance is America's largest and most successful9992public-private partnership between state law enforcement agencies and9993the trucking industry. The PrePass program allows safe and responsible9994motor carriers to bypass most highway weigh stations so that law9995enforcement can focus on carriers that need more attention. Our9996membership includes America's largest trucking companies, single-truck9997owner-operators, and many specialized carriers. We have invested over9998$1 billion in highway safety infrastructure at no cost to taxpayers.9999Bypass promotes the safe and efficient transportation of goods10000throughout the country.10001    The Alliance has worked closely with the Federal Motor carrier10002Safety Administration since its inception in 2000. FMCSA safety data is10003crucial to our program and the states' safety compliance programs. We10004know a proactive, respectful, and responsive working relationship10005between the agency, states, and the motor carrier industry is critical10006to motor carrier safety and efficiency.10007    With this experience in mind, the PrePass Safety Alliance is10008pleased to support your consideration of Retired Chief Derek Barrs of10009Florida to be FMCSA Administrator. Chief Barrs is widely respected in10010the highway safety community following his successful career with the10011Florida Highway Patrol. He would also bring an appreciation of the role10012of states in a Federal agency whose success relies on collaboration10013with its state partners and industry. Chief Barrs' effective engagement10014with American Trucking Associations and the Commercial Vehicle Safety10015Alliance further demonstrates his understanding of our industry from10016all stakeholder perspectives. His exceptional track record speaks10017volumes about his ability to lead, innovate, and make a lasting impact10018on public safety and commercial vehicle transportation. I believe Chief10019Barrs will represent your administration and FMCSA with integrity,10020energy, and common sense.10021    Thank you for considering my views.10022            Sincerely,10023                                              Mark Doughty,10024                                                 President and CEO.1002510026Cc: The Honorable Sean Duffy, Secretary of Transportation10027                                 ______1002810029                         Commercial Vehicle Safety Alliance10030                                       Washington, DC, July 9, 20251003110032Hon. Ted Cruz,10033Chairman,10034Committee on Commerce, Science, and Transportation,10035U.S. Senate.10036Hon. Maria Cantwell,10037Ranking Member,10038Committee on Commerce, Science, and Transportation,10039U.S. Senate.1004010041Dear Chairman Cruz and Ranking Member Cantwell,1004210043    The Commercial Vehicle Safety Alliance (CVSA) expresses strong10044support for the nomination of Derek Barrs for the role of FMCSA10045administrator and encourages the Senate Committee on Commerce, Science,10046and Transportation to quickly advance his nomination to the full Senate10047for approval.10048    CVSA is a nonprofit organization comprised of local, state,10049provincial, territorial and Federal commercial motor vehicle safety10050officials and industry representatives. The Alliance aims to prevent10051commercial motor vehicle crashes, injuries and fatalities and believes10052that collaboration between government and industry improves road safety10053and saves lives. Our mission is to improve commercial motor vehicle10054safety and enforcement by providing guidance, education and advocacy10055for enforcement and industry across North America.10056    FMCSA's primary mission is to prevent commercial motor vehicle-10057related fatalities and injuries. Mr. Barrs's history of leadership in10058commercial motor vehicle safety and enforcement gives him the10059experience and exposure necessary to guide FMCSA in this mission. In10060his previous roles at the Florida Department of Transportation and10061Florida Highway Patrol, he demonstrated his dedication to ensuring10062highway safety and equipped him with a unique perspective on issues10063impacting the commercial motor vehicle industry.10064    Following his retirement from the state, Barrs continued to be an10065active, vocal leader in the commercial motor vehicle safety arena. If10066confirmed, CVSA looks forward to working with Barrs in this new10067capacity to improve commercial motor vehicle safety.10068    The Alliance works to closely monitor, evaluate and identify10069potentially unsafe transportation processes and procedures as well as10070to help facilitate and implement best practices for enhancing safety on10071our highways. Commercial motor vehicle safety continues to be a10072challenge, and we need the involvement of all affected parties to help10073us better understand these issues and put into place practical10074solutions.10075    If you have further questions or comments, please do not hesitate10076to contact me by phone at 202-998-1008 or by e-mail at10077collin.mooney@cvsa.org.10078            Respectfully,10079                                Collin B. Mooney, MPA, CAE,10080                                                Executive Director,10081                                    Commercial Vehicle Safety Alliance.10082                                 ______1008310084                                                  Drivewyze10085                                         Madison, WI, July 11, 20251008610087Hon. Ted Cruz,10088Chairman,10089Committee on Commerce, Science, and Transportation,10090United States Senate,10091Washington, DC.10092Hon. Maria Cantwell,10093Ranking Member,10094Committee on Commerce, Science, and Transportation,10095United States Senate,10096Washington, DC.1009710098Dear Chairman Cruz and Ranking Member Cantwell,1009910100    On behalf of Drivewyze, I am honored to provide this letter of10101recommendation for Derek Barrs in his consideration for the position of10102Administrator at the Federal Motor Carrier Safety Administration10103(FMCSA). Having known and collaborated with Derek for over ten years,10104both in his governmental and industrial roles as well as his leadership10105position within the Commercial Vehicle Safety Alliance--where he worked10106with enforcement and industry partners nationwide to find common ground10107and achieve significant progress--I can confidently assert that he is10108an outstanding candidate for this vital leadership role.10109    Drivewyze is a technology leader in the commercial vehicle10110industry, with the largest connected truck platform in North America.10111Our vision is a safe, efficient and sustainable commercial10112transportation system with no crashes and zero fatalities. We strive to10113achieve this through innovative technologies and solutions to support10114the programs of our government agency partners. We have implemented10115roadside technologies on highways with 27 state enforcement agencies10116and run the largest commercial vehicle preclearance network in the USA10117through public-private partnerships with 45 state agencies.10118    Derek's extensive 17-year career in commercial vehicle compliance10119with the Florida Department of Transportation and the Florida Highway10120Patrol has shaped him into a respected leader in transportation safety10121and enforcement. His deep understanding of the commercial vehicle10122sector, coupled with his unwavering commitment to public safety, makes10123him uniquely qualified to lead FMCSA.10124    Throughout his career, Derek has demonstrated not only technical10125expertise but also an innovative approach to solving complex10126transportation challenges. He possesses a rare ability to balance10127regulatory policy with industry-driven innovation, ensuring that safety10128and efficiency work hand in hand. His leadership in addressing emerging10129issues in the commercial vehicle space has set him apart as a forward-10130thinking professional who is always ahead of the curve.10131    Beyond his professional accomplishments, Derek is a person of10132integrity and honor. He has earned the respect of colleagues across10133enforcement agencies, the transportation community, and the industry at10134large. His ability to engage stakeholders, foster collaboration, and10135drive meaningful change will be invaluable in his role as FMCSA10136Administrator.10137    I can think of no finer choice to lead FMCSA into the future. I10138strongly support Derek's candidacy and have no doubt that his10139leadership will make a lasting impact on commercial vehicle safety and10140compliance. Please do not hesitate to contact me if you require any10141further information.1014210143                                             Brian Mofford,10144                           SVP, Drivewyze Infrastructure Solutions,10145                                              Drivewyze by Fleetworthy.10146                                 ______1014710148                    Autonomous Vehicle Industry Association10149                                                      July 10, 20251015010151Hon. Ted Cruz,10152Chairman,10153Committee on Commerce, Science, and Transportation,10154United States Senate,10155Washington, DC.10156Hon. Maria Cantwell,10157Ranking Member,10158Committee on Commerce, Science, and Transportation,10159United States Senate,10160Washington, DC.1016110162Dear Chairman Cruz and Ranking Member Cantwell,1016310164    The Autonomous Vehicle Industry Association (``AVIA'') writes to10165encourage the Committee on Commerce, Science, and Transportation to10166move forward expeditiously with Jonathan Morrison's nomination as10167Administrator of the National Highway Traffic Safety Administration10168(``NHTSA''). Having Senate-confirmed leadership in place will allow10169NHTSA to better carry out its vital role of supporting motor vehicle10170safety nationwide, including actions to support the safe deployment of10171autonomous vehicle (``AV'') technologies. AVs will play a pivotal role10172in addressing critical challenges facing our nation, including reducing10173the persistent and unacceptable level of traffic fatalities in our10174country, increasing access to transportation, enhancing supply chain10175efficiency, and expanding economic output.10176    In the last several years, U.S. states have raced ahead on AV10177policy, and today 26 U.S. states have AV deployment statutes. State-10178level interest in this game-changing technology is welcome, but it is10179no substitute for Federal leadership. AVIA commends Secretary Duffy and10180his team at the U.S. Department of Transportation (``USDOT'') for their10181early and significant attention to AVs, including the new Automated10182Vehicle Framework that was announced in April.\1\ AVIA looks forward to10183working closely with members of the Senate Commerce Committee on10184autonomous vehicle legislation that advances American leadership on10185this transformative technology.10186---------------------------------------------------------------------------10187    \1\ See Trump's Transportation Secretary Sean P. Duffy Unveils New10188Automated Vehicle Framework as Part of Innovation Agenda, U.S. Dep't of10189Transp. (Apr. 24, 2025), https://www.transportation.gov/briefing-room/10190trumps-transportation-secretary-sean-p-duffy-unveils-new10191-automated-vehicle-framework.10192---------------------------------------------------------------------------10193    To further accelerate the safe and timely deployment of AVs,10194earlier this year AVIA released Securing American Leadership in10195Autonomous Vehicles,\2\ a comprehensive set of Federal AV policy10196recommendations that includes specific recommendations for NHTSA. These10197recommendations include:10198---------------------------------------------------------------------------10199    \2\ Autonomous Vehicle Indus. Ass'n, Securing American Leadership10200in Autonomous Vehicles (2025), https://theavindustry.org/resources/10201Securing%20American%20Leadership%2010202in%20Autonomous%20Vehicles1.pdf1020310204   Initiating rulemaking to create a new Federal Motor Vehicle10205        Safety Standard (``FMVSS'') that requires AV manufacturers to10206        self-certify their autonomous driving systems (``ADS'')10207        demonstrate a basic level of driving proficiency appropriate10208---------------------------------------------------------------------------10209        for its operational design domain.1021010211   The creation of a new FMVSS to require that ADS manufactures10212        develop, and provide upon request, a detailed ``safety case''10213        that describes the manufacturer's conclusion that the design,10214        construction, and performance of an ADS protects against an10215        unreasonable risk to motor vehicle safety, as defined in 4910216        U.S.C. Sec. 30102(a)(9).1021710218   Clarification by NHTSA or Congress that regulatory10219        requirements for manually operated driving controls and certain10220        indicators and telltales are not applicable to Level 4 or Level10221        5 ADS-dedicated vehicles because those controls, indicators,10222        and telltales are intended for an in-vehicle human driver.1022310224   Creation of a National AV Safety Data Repository to include10225        relevant data about AV incidents and make information available10226        to state transportation regulatory agencies.1022710228   Moving forward with a voluntary AV demonstration program10229        that is an enhanced pathway to the deployment of AVs whose10230        designs require exemptions from current FMVSSs, but which10231        achieve at least an equivalent level of safety.1023210233    By expeditiously moving forward with the nomination process for Mr.10234Morrison the Committee will help position NHTSA and the USDOT to10235develop and implement these polices and others that will unlock the10236full potential of AVs, ensuring that the United States remains the10237world leader in autonomous vehicle technology. The autonomous vehicle10238industry looks forward to working closely with Administrator Morrison10239and the team at NHTSA.10240            Sincerely,10241                                               Jeff Farrah,10242                                           Chief Executive Officer,10243                               Autonomous Vehicle Industry Association.10244CC: Jonathan Morrison, Nominee, NHTSA Administrator10245                                 ______1024610247                    Autonomous Vehicle Industry Association10248                                                      July 10, 20251024910250Hon. Ted Cruz,10251Chairman,10252Committee on Commerce, Science, and Transportation,10253United States Senate,10254Washington, DC.10255Hon. Maria Cantwell,10256Ranking Member,10257Committee on Commerce, Science, and Transportation,10258United States Senate,10259Washington, DC.1026010261Dear Chairman Cruz and Ranking Member Cantwell,1026210263    The Autonomous Vehicle Industry Association (``AVIA'') writes to10264encourage the Committee on Commerce, Science, and Transportation to10265move forward expeditiously with Derek Barrs's nomination as10266Administrator of the Federal Motor Carrier Safety Administration10267(``FMCSA''). Having Senate-confirmed leadership in place will allow10268FMCSA to better carry out its vital role in regulating commercial motor10269vehicle (``CMVs'') and motor carrier safety nationwide and taking10270action to support the safe deployment of CMVs equipped with autonomous10271vehicle (``AV'') technologies. Autonomous CMVs will play a pivotal role10272in addressing critical roadway safety and supply chain efficiency10273challenges facing our nation, while also helping expand economic10274output.10275    In partnership with Congress, the Trump Administration has the10276opportunity to promote the continued development and deployment of AVs10277in the United States, and AVIA commends Secretary Duffy and his team at10278the U.S. Department of Transportation for their early and significant10279attention to AVs.\1\ We are optimistic that this progress will continue10280under the leadership of a confirmed FMCSA administrator. AVIA looks10281forward to working closely with members of the Senate Commerce10282Committee on autonomous vehicle legislation that advances American10283leadership on this transformative technology.10284---------------------------------------------------------------------------10285    \1\ See Trump's Transportation Secretary Sean P. Duffy Unveils New10286Automated Vehicle Framework as Part of Innovation Agenda, U.S. Dep't of10287Transp. (Apr. 24, 2025), https://www10288.transportation.gov/briefing-room/trumps-transportation-secretary-sean-10289p-duffy-unveils-new-automated-vehicle-framework.10290---------------------------------------------------------------------------10291    To fully realize the benefits offered by AVs, a supportive and10292uniform nationwide Federal policy framework is essential, as AVIA laid10293out earlier this year in our publication, Securing American Leadership10294in Autonomous Vehicles.\2\ Our proposed framework includes specific10295actions that FMCSA can undertake to support the safe and timely10296deployment of autonomous technology, such as:10297---------------------------------------------------------------------------10298    \2\ Autonomous Vehicle Indus. Ass'n, Securing American Leadership10299in Autonomous Vehicles (2025), https://theavindustry.org/resources/10300Securing%20American%20 Leadership%20in10301%20Autonomous%20Vehicles1.pdf1030210303   Codifying FMCSA's 2018 interpretation that the Federal Motor10304        Carrier Safety Regulations do not require a human driver to10305        operate or be present in a CMV being operated by a Level 4 or 510306        Autonomous Driving System.\3\ AVIA research has determined that10307        this groundbreaking interpretation unlocked more than $610308        billion in private capital investment into autonomous CMV10309        companies, with even more in the public markets.\4\10310---------------------------------------------------------------------------10311    \3\ U.S. Dep't of Transp., Preparing for the Future of10312Transportation: Automated Vehicles 3.0 (AV 3.0) 9 (Oct. 2018), https://10313www.transportation.gov/sites/dot.gov/files/docs/policy10314-initiatives/automated-vehicles/320711/preparing-future-transportation-10315automated-vehicle-30.pdf.10316    \4\ The Trump Administration poliyc that kickstarted a supply chain10317revolution, AVIA (April 23, 2025), https://www.theavindustry.org/blog/10318the-trump-administration-policy-that-kickstarted-a-supply-chain-10319revolution.1032010321   Address the warning device requirements included within 4910322        C.F.R. Sec. Sec. 392.22 and 393.95, which require the physical10323        placement of warning devices by a human being in front of and10324        behind a stopped CMV and limit the types of warning devices10325        that can be used. FMCSA should reverse its denial of an AV-10326        industry backed exemption request that would have allowed the10327        use of new emergency warning device solutions that utilize cab-10328        mounted beacons instead of driver placed devices, a solution10329        that not only allows ADS-equipped CMVs to meet the warning10330        device requirement, but also gives human drivers a safe10331---------------------------------------------------------------------------10332        alternative to exiting their vehicles on busy highways.1033310334   Supporting efforts to build on the existing consensus10335        approach to autonomous truck inspection protocols, in10336        partnership with state law enforcement officials and industry10337        that is informed by real-world experience. For example, FMCSA10338        should continue to support the Commercial Vehicle Safety10339        Alliance on its Enhanced CMV Inspection Program for autonomous10340        CMVs.1034110342    By expeditiously moving forward on Mr. Barrs's nomination process,10343the Committee will help position FMCSA to implement these and other10344policies to foster the further deployment of autonomous CMVs and unlock10345their full potential. The autonomous vehicle industry looks forward to10346working closely with Administrator Barrs and the team at FMCSA.10347            Sincerely,10348                                               Jeff Farrah,10349                                           Chief Executive Officer,10350                               Autonomous Vehicle Industry Association.10351CC: Derek Barrs, Nominee, FMCSA Administrator10352                                 ______1035310354                Autonomous Vehicle Industry Association10355       AVIA Congratulates Derek Barrs on Nomination to Lead FMCSA10356    WASHINGTON--AVIA released the following statement from CEO Jeff10357Farrah on the recent nomination of Derek Barrs to lead the Federal10358Motor Carrier Safety Administration:1035910360    ``AVIA congratulates Derek Barrs on his nomination to serve as the10361next FMSCA Administrator. Mr. Barrs brings years of law enforcement and10362transportation policy experience to the position and will be an10363important voice in the Department of Transportation for the development10364of Federal autonomous vehicle policy. We look forward to working with10365Mr. Barrs and Secretary Duffy to strengthen American leadership in10366autonomous vehicles.''1036710368    Earlier this year, AVIA released its comprehensive Federal policy10369framework, ``Securing American Leadership in Autonomous Vehicles.'' The10370recommendations for policymakers emphasize the urgent need for Federal10371action to secure the United States' position as a global leader in10372autonomous vehicle (AV) technology while ensuring safety, fostering10373innovation, and promoting economic resilience.10374    AVIA's framework builds upon the Department of Transportation's10375Framework for Automated Driving System Safety, first introduced in 202010376and prioritizes:10377AV Safety, Transparency, and Accountability10378   Establishing a National AV Safety Data Repository for10379        incident reporting and transparency.1038010381   Commencing rulemaking on a core set of Autonomous Driving10382        System (ADS) competency requirements and require that10383        commercially deployed ADS manufacturers develop a safety case.10384Advancing American Leadership on AVs10385   Modernizing Federal Motor Vehicle Safety Standards (FMVSS)10386        by NHTSA clarifying, through interpretation and/or regulatory10387        changes, that requirements for manually operated driving10388        controls are not applicable to Level 4 and 5 ADS-equipped10389        vehicles.1039010391   Encouraging Federal legislation on, cybersecurity, privacy,10392        and accessibility initiatives.10393Supporting Supply Chain Resiliency Through Autonomous Trucking10394   Support for America's supply chain with Federal policy on10395        autonomous trucking, including codification of previous Federal10396        Motor Carrier Safety Administration (FMCSA) 2018 interpretation10397        that a human driver need not be present in a commercial motor10398        vehicle operated by a Level 4 or 5 ADS1039910400   FMCSA action to allow use of cab-mounted warning beacons on10401        autonomous trucks to support road safety and innovation.10402Supporting Safety Regulators with Enhanced Resources10403   Increasing funding for the Department of Transportation10404        (DOT), National Highway Traffic Safety Administration (NHTSA),10405        and Federal Motor Carrier Safety Administration (FMCSA) to10406        ensure expert regulators have the resources they need on AV10407        policy.10408Protecting National Security While Promoting AV Leadership10409   Bolstering domestic manufacturing of critical AV hardware,10410        such as sensors. Read the full recommendations here. [https://10411        theavindustry.org/ resources/Securing%20American%2010412        Leadership%20in%20Autonomous% 20Vehicles1.pdf]10413                                 ______1041410415                  American Pipeline Contractors Association10416                                                      July 15, 20251041710418Hon. Ted Cruz,10419Chair,10420Committee on Commerce, Science, and Transportation,10421United States Senate,10422Washington, DC.10423Hon. Maria Cantwell,10424Ranking Member,10425Committee on Commerce, Science, and Transportation,10426United States Senate,10427Washington, DC.1042810429Re: APCA letter of support for Paul Roberti to lead the U.S. Department10430            of Transportation's Pipeline and Hazardous Materials Safety10431            Administration (PHMSA)1043210433Dear Chair Cruz and Ranking Member Cantwell:1043410435    The American Pipeline Contractors Association (APCA) fully supports10436President Donald J. Trump's nomination of Paul Roberti to serve as10437Administrator of the Pipeline and Hazardous Materials Safety10438Administration (PHMSA).10439    APCA represents construction firms, manufacturers, and suppliers10440who build and maintain interstate pipeline systems. Every day, APCA10441members provide the manpower to build the infrastructure needed to10442deliver critical energy across the country. Safety is always our top10443concern.10444    APCA is impressed that Mr. Roberti's career includes six years as a10445utility regulator in his home state of Rhode Island. He previously10446served as PHMSA's general counsel, where he oversaw enforcement of the10447agency's safety regulations.10448    APCA's leadership and member companies strongly urge Senators to10449vote to confirm Paul Roberti as PHMSA Administrator.10450    Our organization looks forward to working with Mr. Roberti to10451enhance and improve our industry's safety while delivering quality10452energy pipeline infrastructure to America.10453            Sincerely,10454                                                Tim Wagner,10455                                                Executive Director,10456                             American Pipeline Contractors Association.10457                                 ______1045810459                  Associated General Contractors of America10460                                                      March 4, 20251046110462Chairman Ted Cruz,10463Commerce, Science, and Transportation Committee,10464United States Senate,10465Washington, DC.10466Ranking Member Maria Cantwell,10467Commerce, Science, and Transportation Committee,10468United States Senate,10469Washington, DC.1047010471RE: AGC Support for Paul Roberti's Nomination to the Pipeline and10472            Hazardous Materials Safety Administration1047310474Dear Chairman Cruz and Ranking Member Cantwell:1047510476    The Associated General Contractors of America (AGC) supports the10477nomination of Mr. Paul Roberti as Administrator of the Pipeline and10478Hazardous Materials Safety Administration (PHMSA). AGC is a national10479construction trade association representing more than 28,00010480construction firms with chapters and members in every state, the10481District of Columbia and Puerto Rico. AGC members are engaged in10482excavation and utility construction including pipelines and understand10483the importance of their safety and infrastructure.10484    Mr. Roberti has demonstrated leadership in pipeline safety when he10485served as PHMSA Chief Counsel during the previous Trump administration.10486This role gave him valuable background experience and an understanding10487of the needs of America's pipeline system. Mr. Roberti also has10488pipeline experience from serving as Commissioner on the Rhode Island10489Public Utilities Commission, which provides him with additional10490knowledge and experience that can benefit PHMSA's work nationwide.10491    Importantly, Mr. Roberti understands the important role pipelines10492serve in transporting energy safely and efficiently into our economy.10493The construction of pipelines will provide cheaper energy for Americans10494and support well-paying construction jobs across the country.10495    AGC looks forward to working with Mr. Roberti on the construction10496and safety of our pipeline system. As such, we urge the Senate to10497quickly confirm his nomination.10498            Sincerely,10499                                          Jeffrey D. Shoaf,10500                                           Chief Executive Officer.1050110502CC: All members of the U.S. Senate Committee on Commerce, Science, and10503Transportation10504                                 ______1050510506                       Montana Department of Transportation10507                                            Helena, MT, May 9, 20251050810509Hon. Tim Sheehy,10510United States Senate,10511Washington, DC.1051210513Re: FMCSA Administrator--Letter of Support for Derek Barrs1051410515Dear Senator Sheehy,1051610517    On behalf of the Montana Department of Transportation I am honored10518to write this letter in strong support of Derek Barrs consideration for10519the position of Administrator of the Federal Motor Carrier Safety10520Administration (FMCSA).10521    Mr. Barrs spent over 17 years in the commercial motor vehicle10522industry while serving in various law enforcement capacities for the10523Florida Department of Transportation and Florida Highway Patrol, which10524gives him a wealth of knowledge in commercial vehicle enforcement.10525After retiring from the state, Mr. Barrs remained in the commercial10526motor vehicle safety industry and has over 5 years of industry10527experience. During this time, he was actively involved in leadership10528roles within the Commercial Vehicle Safety Alliance (CVSA), Florida10529Trucking Association, and serving on the American Trucking10530Associations' Law Enforcement Advisory Board, further demonstrating his10531commitment to be an active leader in the commercial motor vehicle10532safety realm.10533    The knowledge and experience that Mr. Barrs brings from both10534enforcement and industry perspectives affords him the opportunity to be10535a unique and exceptionally qualified candidate to lead the FMCSA. Mr.10536Barrs's experience and work history would be invaluable to FMCSA and10537the commercial motor vehicle community, and I would urge the Committee10538to report his nomination favorably to the full Senate for10539consideration.10540            Sincerely,10541                                    Christopher Dorrington,10542                                                          Director.10543                                 ______1054410545[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]10546                                 ______1054710548                             Truckload Carriers Association10549                                                      July 10, 20251055010551Hon. Ted Cruz,10552Chairman,10553United States Senate,10554Committee on Commerce, Science, and Transportation,10555Washington, DC.10556Hon. Maria Cantwell,10557Ranking Member,10558United States Senate,10559Committee on Commerce, Science, and Transportation,10560Washington, DC.1056110562Dear Chairman and Ranking Member:1056310564    On behalf of the Truckload Carriers Association (TCA), I am writing10565to express our strong support for Derek Barr's nomination as the next10566Administrator of the Federal Motor Carrier Safety Administration10567(FMCSA). The trucking industry moves approximately 75 percent of all10568freight transported by all modes in the United States. As such, our10569industry plays a vital role in keeping America's supply chain moving10570and ensuring goods reach communities across the Nation safely and10571efficiently.10572    To protect all drivers on our Nation's highways, TCA continues to10573advocate for allocating dedicated funding to address the ongoing truck10574parking crisis, continuing to improve safety technologies, and10575supporting policies that foster a resilient and thriving supply chain.10576Mr. Barrs' leadership and experience make him exceptionally well-suited10577to lead the FMCSA in advancing these priorities.10578    Throughout his career, Mr. Barrs has demonstrated a steadfast10579commitment to strengthening collaboration between the trucking industry10580and law enforcement. He has held multiple leadership roles within the10581Florida Department of Transportation and the Florida Highway Patrol,10582where he was instrumental in advancing safety initiatives for10583commercial motor vehicles. Most recently, he has consulted on traffic-10584related and commercial motor vehicle safety projects across numerous10585states, bringing his expertise to diverse regions and stakeholders.10586    TCA members who have worked with Mr. Barrs speak highly of his10587thoughtful leadership and dedication to improving safety and compliance10588across the industry. His track record reflects a clear understanding of10589the complex realities facing motor carriers today and a strong10590commitment to working collaboratively toward effective, practical10591solutions.10592    We have full confidence in Mr. Barrs' abilities and respectfully10593urge the Senate to confirm his nomination. We are confident he will10594bring integrity, experience, and a results-driven approach to FMCSA at10595a time when the agency's work is more important than ever.10596            Sincerely,10597                                                  Jim Ward,10598                                                         President,10599                                                                   TCA.10600                                 ______1060110602                                 American Chemistry Council10603                                                      July 16, 20251060410605Hon. Ted Cruz,10606Chairman,10607U.S. Senate,10608Committee on Commerce, Science, and Transportation,10609Washington, DC.10610Hon. Maria Cantwell,10611Ranking Member,10612U.S. Senate,10613Committee on Commerce, Science, and Transportation,10614Washington, DC.1061510616Dear Chairman Cruz and Ranking Member Cantwell:1061710618    I write to you on behalf of the American Chemistry Council (ACC) in10619support of the confirmation of Paul Roberti as Administrator of the10620Pipeline and Hazardous Materials Safety Administration (PHMSA) at the10621Department of Transportation. Mr. Roberti has an impressive history of10622public service and a proven track record of getting things done in his10623previous role at PHMSA. If confirmed, we are confident that he will10624lead the agency with integrity and work to advance hazardous materials10625transportation safety while improving efficiency and modernizing agency10626procedures.10627    ACC represents more than 190 of America's leading chemical10628companies. Our members produce a wide variety of chemicals, polymers,10629and related products that make our lives and our world healthier,10630safer, more productive, and more sustainable.10631    The business of chemistry supports over 25 percent of the U.S.10632Gross Domestic Product and directly touches nearly all manufactured10633goods. We rely on all modes of transportation to safely deliver10634chemicals crucial to everyday life and the chemical industry is one of10635the largest shipping customers for both freight rail and trucking.10636These chemicals are used in critical functions such as water treatment,10637food production, healthcare, and much more. We rely on a strong,10638resilient, and efficient freight transportation network to support our10639domestic and international supply chains.10640    It is critical that PHMSA puts forward regulatory solutions that10641allow American businesses to fully and safely utilize the United10642States' dynamic transportation system. Mr. Roberti's experience at the10643agency will help guide it to future success.10644    We strongly recommend confirming Mr. Roberti as PHMSA10645Administrator.10646    If you have any questions or require additional information, please10647do not hesitate to contact me.10648            Sincerely,10649                                                Chris Jahn,10650                                                 President and CEO,10651                                            American Chemistry Council.1065210653    The Chairman. Senators will have until the close of10654business on Friday, July 18, to submit questions for the10655record. The nominees will have until the close of business on10656Monday, July 21, to respond to those questions.10657    That concludes today's hearing. The Committee stands10658adjourned.10659    [Whereupon, at 12:01 p.m., the hearing was adjourned.]1066010661                            A P P E N D I X1066210663    Response to Written Questions Submitted by Hon. Jerry Moran to10664                              Derek Barrs10665    Question 1. The previous Surface Transportation Reauthorization10666included the Safe Driver Apprenticeship Pilot Program (SDAP),10667established by FMCSA to assist 18-, 19-, and 20-year-old individuals to10668pursue interstate trucking careers.10669    The Biden administration added onerous and costly requirements that10670deterred motor carriers from participating in the program, which took10671Congressional action to remove. Providing additional uncertainly, the10672program is set to expire later this year.10673    If confirmed, will you commit to supporting the continuation of the10674SDAP program as Congress further considers this issue as part of the10675next surface transportation bill?10676    Answer. As a former law enforcement officer and a member of the10677Florida Trucking Association, with decades of experience in public10678safety, my priority has been and will continue to be the safety of both10679drivers and the traveling public. The SDAP program is set to expire in10680November. The data needs to be examined and a report will be sent to10681Congress. If confirmed, I will work with the Secretary, as well as10682Congress to explore the next steps necessary to set the future10683generation of truck drivers up for success.1068410685    Question 2. I have heard from drivers that they are not being10686allowed access to restrooms at various facilities, including shippers,10687receivers, and warehouses. I know certain states, including Washington,10688have taken steps to ensure access to these facilities.10689    If confirmed as FMCSA Administrator, will you support legislative10690or regulatory efforts to restore basic human dignity to the men and10691women who keep our supply chain moving and ensure our Nation's truck10692drivers have access to these facilities?10693    Answer. I believe in dignified working conditions for all drivers10694on the road. Part of the effort to improve motor carrier safety must10695include improving working conditions, which in turn helps to retain10696safe and experienced drivers. If confirmed, I am willing to further10697discuss this important issue to restore human dignity to our Nation's10698truck drivers and explore potential solutions.1069910700    Question 3. Integral to the mission of the agency you are nominated10701to lead is coordination with other Federal departments and agencies and10702with states, localities, and industry stakeholders to deliver safe and10703efficient transportation networks.10704    How will you leverage relationships with state departments of10705transportation, metropolitan planning organizations, local governments,10706and other partners to navigate diverse transportation safety needs10707while upholding a uniform standard of safety throughout the country?10708    Answer. As you mentioned safety is integral to the mission, and10709coordination with other entities to ensure our Nation's roadways are10710safe and efficient is paramount. FMCSA relies on the work our state10711inspectors conduct every day to ensure the motoring public is safe.10712    Secretary Duffy recently announced the launch of a nationwide audit10713of state practices for issuing non-domiciled Commercial Driver's10714Licenses (CDLs). Ensuring that our state partners are issuing CDLs at10715the level the Agency deems necessary is critical to a safe and10716efficient supply chain.10717                                 ______1071810719      Response to Written Questions Submitted by Hon. Ted Budd to10720                              Derek Barrs10721    Question 1. The Entry Level Driver Training Rule created minimum10722standards for truck driver training, but many CDL mills and bad actors10723continue to disregard the rule. This is a safety issue, but FMCSA has10724made little progress on removing unfit training organizations from the10725Training Provider Registry. Will you commit to increasing enforcement10726of the Training Provider Registry and removing bad actors within 9010727days of a complaint?10728    Answer. Ensuring bad actors are not training the commercial motor10729vehicle drivers of tomorrow is critical in maintaining national safety10730on our roadways. The FMCSA is authorized to audit and investigate10731providers in order to identify and address those who are not compliant10732with the regulations or who are engaging in fraudulent or criminal10733activities. If confirmed, I will commit to auditing and removing bad10734actors within a timely manner.1073510736    Question 2. I understand some autonomous trucking companies have10737previously sent a petition to FMCSA seeking to be allowed to use new10738warning devices on their vehicles, but were denied by the last10739administration. If confirmed, would you be willing to take another look10740at that petition? How should FMCSA adapt regulations to new10741technologies, including autonomous trucking?10742    Answer. The core mission of FMCSA is, and always will be, safety.10743FMCSA's unwavering commitment is to save lives and prevent injuries and10744crashes involving large trucks and buses. Every decision FMCSA makes10745and every regulation it considers must be viewed through the lens of10746this fundamental responsibility. FMCSA should support innovation while10747ensuring the highest level of safety on our Nation's roadways. This10748means FMCSA must guarantee the safe integration of Automated Driving10749Systems (ADS)-equipped commercial motor vehicles. A critical component10750of this is ensuring that these vehicles meet a level of safety that is10751equivalent to or greater than the safety standards we currently have in10752place for all commercial motor vehicles. Any petition that comes before10753the agency should be given a fresh and comprehensive review based on10754the latest available safety data and technological analysis.10755Additionally, if confirmed, I will review the ADS rulemaking for10756alignment with the Department's and Administration's priorities and10757will be updating the status and next steps in the Unified Agenda of10758Regulatory and Deregulatory Actions.10759                                 ______1076010761     Response to Written Questions Submitted by Hon. Tim Sheehy to10762                              Derek Barrs10763    Question 1. Chief Barrs, a speed-limiter rule would disrupt the10764economy in rural states like Montana and jeopardize safety. Will you10765continue to engage small-business truckers in preventing any speed-10766limiter mandate, and commit to engaging with them on other important10767safety issues?10768    Answer. On June 27, 2025, Secretary Duffy unveiled the Department's10769``Supporting American Truck Driver'' initiative that is in line with10770the President's ``Enforcing Commonsense Rules of the Road For America's10771Truck Drivers'' Executive Order. As part of the Pro-Trucker initiative,10772FMCSA and NHTSA jointly announced and subsequently have taken actions10773to withdraw a proposal to require speed-limiting devices on heavy10774vehicles.10775    This decision respects the professionalism of drivers and10776acknowledges the proposed rulemaking lacked a sufficiently clear and10777compelling safety justification.1077810779    Question 2. Montana is home to cutting-edge photonics technology10780being deployed in autonomous systems. Do you see opportunities at FMCSA10781to embrace innovation, including autonomous systems, to make meaningful10782improvements to roadway safety?10783    Answer. During my time in law enforcement, I utilized many10784different tools in the proverbial toolbelt in order to ensure safety is10785maintained. If confirmed, I am happy to work with Congress to explore10786opportunities for alignment with the Department's and Administration's10787priorities to utilize automation to make meaningful improvements to10788roadway safety.10789                                 ______1079010791   Response to Written Questions Submitted by Hon. Maria Cantwell to10792                              Derek Barrs10793Federal Workforce Staffing Cuts10794    In May, DOT paused its planned reductions in force due to ongoing10795litigation. On July 8, the Supreme Court allowed the Administration to10796move forward with widespread firings. There is now uncertainty about10797what actions DOT plans to take. Meanwhile, 13.7 percent of Federal10798Motor Carrier Safety Administration (FMCSA) employees have already left10799the agency through the deferred resignation program.1080010801    Question 1. Yes or No: Do you oppose a reduction-in-force at FMCSA,10802particularly when the agency has already lost nearly 14 percent of its10803workforce?10804    Answer. I support Secretary Duffy and President Trump and will10805ensure that safety continues to be priority number 1.1080610807    Question 2. Are you concerned that widespread departures may be10808contributing to the decline in enforcement of commercial motor vehicle10809safety laws?10810    Answer. It is my understanding that critical safety positions are10811exempt and not eligible to participate in the deferred resignation10812program.10813Autonomous Vehicle Safety and AI Moratorium10814    Mr. Barrs, some of my colleagues have proposed prohibiting state10815and local governments from regulating AI. This would include10816prohibiting states from imposing safety and reporting requirements on10817autonomous vehicles.1081810819    Question 1. Are you aware of any Federal requirements to ensure the10820safe operation of autonomous trucks?10821    Answer. While a comprehensive Federal regulatory framework for10822autonomous trucks has not been released, FMCSA may exercise its10823existing authority to ensure their safe operation. A motor carrier10824operating in interstate commerce may not operate an autonomous truck10825unless it complies with all current operational requirements and10826standards for parts and accessories as prescribed by the Federal Motor10827Carriers Safety Regulations (FMCSRs). FMCSA retains full enforcement10828authority and can place a vehicle out of service if an automated system10829creates an ``imminent hazard.'' Furthermore, any equipment installed10830that decreases the safety of operation can subject the motor carrier to10831additional enforcement action. If a company cannot fully comply with10832existing regulations, it must seek an exemption by demonstrating a10833likely equivalent to or greater level of safety.1083410835    Question 2. If the Federal government does not have any safety10836requirements, do you think it make sense to prohibit states like10837Florida from ensuring autonomous trucks are safe to operate on public10838roads?10839    Answer. Uniformity across our Nation's roadways--particular with10840interstate commerce--ensures there isn't a patchwork of different rules10841and regulations that would deter truck drivers from focusing on their10842day to day operations of safely moving freight.10843Fatigue and Truck Accidents10844    There were 54 fatal accidents with large trucks in Washington State10845last year, and 1,200 more accidents that resulted in injuries. The NTSB10846has frequently cited fatigue as a significant factor in fatal truck10847crashes. To ensure that truck and bus drivers are getting the rest they10848need, drivers must comply with hours-of-service requirements.10849    However, in President Trump's first term DOT created a loophole to10850allow truck drivers to continue driving a loaded truck as long as it10851was for a personal reason known as personal convenience. The Commercial10852Motor Vehicle Safety Alliance found that about 40 percent of drivers10853were misusing this flexibility, and those drivers were four times as10854likely to be in a crash.1085510856    Question 1. Yes or No: If confirmed, would you work to close this10857loophole?10858    Answer. There is no question that fatigued driving is a direct10859threat to public safety. No driver should ever operate a commercial10860motor vehicle when their alertness is impaired to a degree that would10861prevent the safe operation of that vehicle. The Hours-of-Service10862regulations are a cornerstone of FMCSA's efforts to combat fatigue.10863    Commercial motor vehicle drivers operating in interstate commerce10864must comply with the FMCSRs. Any operation of a commercial motor10865vehicle outside the limits of these safety regulations is unacceptable10866and should be subject to appropriate enforcement action. If confirmed,10867I will ensure the Agency's rulemakings are data driven to improve the10868safety on our Nation's roadways.10869Reconciliation Bill and Overtime for Truck Drivers10870    President Trump has touted his recent tax bill as the largest tax10871cut in history for middle-and working-class Americans.'' One key10872provision is intended to eliminate taxes on overtime for workers. There10873are 3.5 million truck drivers employed in this country, including1087434,500 truck drivers in the State of Washington. Truck drivers are10875exempted from receiving overtime under the Fair Labor Standards Act of108761938. We hear from the Trucking Industry frequently about the driver10877shortage.1087810879    Question 1. Do you think that preventing truck drivers from10880receiving a tax exemption on overtime payments will help or hurt the10881trucking industry's ability to recruit new drivers?10882    Answer. The millions of truck drivers in this country are the10883backbone of our economy and absolutely critical to the strength of our10884supply chain. They deserve to be treated with dignity and respect for10885the difficult and essential work they perform every day. Addressing10886challenges like driver recruitment and retention is vital for our10887Nation's economic prosperity.10888    Questions of overtime pay and tax policy are important ones and10889impact the lives of drivers. However, the laws and regulations10890governing overtime for truck drivers are rooted in the Fair Labor10891Standards Act, which is administered by the Department of Labor, and10892tax policy is determined by Congress. The mission of FMCSA is focused10893solely on safety. My commitment, if confirmed, is to lead FMCSA with a10894laser focus on that safety mission.10895Driver Training10896    Currently Federal entry level driver training requirements do not10897require truck drivers to spend a certain number of hours training10898behind the wheel of a truck. However, in a negotiated rulemaking a10899broad coalition of trucking companies, drivers, and safety groups10900agreed that it would be appropriate for drivers to receive at least 3010901hours of behind the wheel training.1090210903    Question 2. Do you think the Entry Level Driver Training10904requirements need to be reviewed to require some amount of behind-the-10905wheel training?10906    Answer. Proficiency behind the wheel is the ultimate goal of the10907entry level driving training. We must be confident that when a driver10908gets behind the wheel of a large truck the driver is trained and ready10909to operate safely on America's roadways. If confirmed, ensuring that10910only the safest drivers are behind the wheel of a commercial vehicle10911will continue to be among the Agency's top priority.10912Under 21-Year-Old Truck Drivers10913    According to the American Trucking Associations (ATA), the industry10914is facing a shortage of 60,000 truck drivers. However, truck drivers10915under the age of 21 are not permitted in interstate commerce, despite10916being able to drive in intrastate commerce in most states.1091710918    Question 1. Do you believe that allowing 18-year-olds to drive in10919interstate commerce is a good solution to address ATA's concerns about10920a trucking shortage.10921    Answer. As a former law enforcement officer and a member of the10922Florida Trucking Association, with decades of experience in public10923safety, my priority has been and will continue to be the safety of both10924drivers and the traveling public, as well as the efficient delivery of10925our Nation's freight. Ensuring that only the safest drivers are behind10926the wheel of a commercial vehicle will continue to be among the10927Agency's top priority. The Safe Driver Apprenticeship Program (SDAP) is10928set to expire in November. The data needs to be examined and a report10929will be promptly sent before Congress. If confirmed, I will work with10930the Secretary, as well as Congress, to explore the next steps necessary10931to set up the future generation of truck drivers for success.10932Lease to Own Agreements10933    The Bipartisan Infrastructure Law created a task force to study10934predatory lease to purchase agreements for truck drivers. The task10935force, made up of a broad group including carriers, owner-operators,10936lessors, attorneys, and economists recommended that these lease to10937purchase agreements be banned.1093810939    Question 1. Do you agree these agreements should be banned?10940    Answer. If confirmed, I will work with the industry to ensure10941safety is the top priority when operating a commercial motor vehicle10942business.1094310944    Questions 2. What steps will you take at FMCSA to address the10945recommendations in this report?10946    Answer. If confirmed, I will work with the industry to ensure10947safety is the top priority when operating a commercial motor vehicle10948business.10949Universal Identifiers10950    The Commercial Vehicle Safety Alliance, which represents many state10951commercial vehicle enforcement organizations, has recommended that10952FMCSA require universal identifiers on all trucks to improve10953enforcement efficiency. However, some truck drivers have raised privacy10954concerns with the technology.1095510956    Question 1. Do you think that universal identifiers are beneficial10957to truck safety enforcement?10958    Answer. I served as the chairman of the Commercial Vehicle Safety10959Alliance's Enforcement and Industry Modernization Committee and10960President of the Transportation Industry membership.10961    There, I helped advance initiatives in connected and automated10962vehicle technologies, data sharing, and cross-jurisdictional10963collaboration. If confirmed, I will work with industry and stakeholders10964to progress technologies and improve safety.1096510966    Question 2. What actions regarding universal identifiers would you10967take at FMCSA?10968    Answer. If confirmed, I will work with industry to create10969collaborative ways to improve safety.10970                                 ______1097110972   Response to Written Questions Submitted by Hon. Edward Markey to10973                              Derek Barrs10974Automatic Emergency Braking10975    The Bipartisan Infrastructure Law required DOT to issue a final10976rule to require Automatic Emergency Braking (AEB) on all newly10977manufactured large trucks by November 2023. DOT estimates this10978technology will save over a hundred lives, prevent thousands of10979injuries, and tens of thousands of crashes involving large trucks every10980year. This critical standard is nearly 2 years overdue.1098110982    Question 1. Do you commit to expedite the completion of the final10983AEB rule? When is your target date to issue the final rule?10984    Answer. Safety on America's roadways is critical and vehicle10985technology can play an important role. If confirmed, I will review this10986rulemaking for alignment with the Department and Administration10987priorities and will be updating the status and next steps in the10988Unified Agenda of Regulatory and Deregulatory Actions.10989Quarterly Motor Carrier Safety Progress Report10990    Question 1. Do you commit to ensuring Quarterly Motor Carrier10991Safety Progress Reports are transparently published in a timely manner?10992    Answer. If confirmed, I will commit to ensuring all reports are10993published in a timely manner.10994Truck Underrides10995    The FMCSA report on side underride guards published in 202010996excluded any data on the number of pedestrians, cyclists, and10997motorcyclists that would be saved by the device. Subsequently, NHTSA10998did not account for these lives in its cost-benefit analysis in the109992023 ANPRM. This means the lives of at least two of my constituents--11000Minh-Thi Nguyen and Sidney Olson--were not accounted for in the11001benefits of a safety regulation that could have saved their lives. In11002April, the FMCSA denied a petition by the Insurance Institute for11003Highway Safety to correct its report and include lives saved of11004pedestrians, cyclists, and motorcyclists.1100511006    Question 1. Do you commit to reverse this decision and ensure the11007lives of my constituents are included in the FMCSA's report on the11008benefits of side underride guards?11009    Answer. If confirmed, I commit to connect with you and your staff11010to further discuss, as well as engage with my colleagues at NHTSA.11011Underrides and all Federal motor vehicle safety standards are under the11012purview of NHTSA, not FMCSA.11013Staffing Cuts11014    According to recent reporting by Politico, 13.7 percent of FMCSA's11015employees took the Delayed Resignation Program offer.1101611017    Question 1. At an agency whose chief mission is safety, do you11018support these drastic cuts to FMCSA's workforce?11019    Answer. I support Secretary Duffy and President Trump and will11020ensure that safety continues to be priority number 1. If confirmed, I11021commit to carrying out FMCSA's mission to reduce crashes, injuries, and11022fatalities involving large trucks and buses.1102311024    Question 2. What actions will you take to ensure FMCSA has the11025staff it needs to deliver on its safety mission?11026    Answer. It is my understanding that critical safety positions are11027exempt and not eligible to participate in the deferred resignation11028program.11029                                 ______1103011031    Response to Written Questions Submitted by Hon. Gary Peters to11032                              Derek Barrs11033    Question 1. The impact of heavier and longer trucks on our roads11034has been an ongoing concern I've heard from trucking, labor, and law11035enforcement. As the cost of replacing aging infrastructure continues to11036rise and accidents involving larger trucks climb, will you commit to11037working with a diverse industry stakeholder group when considering any11038changes to Federal weight and length limits for trucks?11039    Answer. If confirmed, I will talk with all stakeholders who are11040willing to discuss safety matters. Specific to size and weight, that11041falls outside of the purview of FMCSA, but I am happy to work with11042Congress, stakeholders, and FHWA on considering any changes to Federal11043weight and length limits for trucks.1104411045    Question 2. One of the most persistent and dangerous challenges in11046the freight sector is the national shortage of safe and available truck11047parking. When drivers are unable to find parking, they are forced to11048make unsafe choices--such as parking on highway shoulders or in11049unsecure locations--which puts both them and other road users at risk.11050New technologies that leverage real-time data sharing and predictive11051intelligence could offer solutions to help fleet managers and drivers11052locate available parking, and help state DOTs better plan where to best11053locate new parking capacity. If confirmed, how will you work to advance11054safe and adequate truck parking nationwide, and will you include the11055use of innovative technologies in addressing this challenge?11056    Answer. Having adequate and safe truck parking is one of the most11057significant safety issues facing the industry. I applaud Secretary11058Duffy for his hard work on prioritizing safe truck parking and if11059confirmed, I will continue to work with the Secretary, Congress, and11060FHWA to advance safe and adequate truck parking nationwide.11061                                 ______1106211063   Response to Written Questions Submitted by Hon. Ben Ray Lujan to11064                              Derek Barrs11065    Question 1. The role of the Department of Transportation is to11066ensure all vehicles, including those equipped with partially or fully11067automated driving systems, are safe for all road users. In 2024, nearly1106870 percent of all vehicles sold in the U.S. had some form of automated11069driving system. One of the most prevalent issues leading to AV crashes11070is over-trust in the automated system, leading to lack of oversight by11071the human in the loop. Trust in these systems is built on the11072assumption that the government is performing its oversight duties to11073ensure cars and roads are safe for everyone.1107411075    (a) What do you plan to do to ensure drivers' trust in commercial11076AV technology is not misguided? How do you plan to enforce safety11077mechanisms in commercial autonomous vehicles so we can all benefit from11078the promise of these technologies?1107911080    (b) What do you believe are the biggest safety concerns or11081challenges that are unique to commercial autonomous vehicles?11082    Answer. The core mission of FMCSA is, and always will be, safety.11083FMCSA's unwavering commitment is to save lives and prevent injuries and11084crashes involving large trucks and buses. Every decision FMCSA makes11085and every regulation it considers must be viewed through the lens of11086this fundamental responsibility. FMCSA should support innovation while11087ensuring the highest level of safety on our Nation's roadways. This11088means FMCSA must guarantee the safe integration of Automated Driving11089Systems (ADS)-equipped commercial motor vehicles. A critical component11090of this is ensuring that these vehicles meet a level of safety that is11091equivalent to or greater than the safety standards we currently have in11092place for all commercial motor vehicles. Any petition that comes before11093the agency should be given a fresh and comprehensive review based on11094the latest available safety data and technological analysis.11095Additionally, if confirmed, I will review the ADS rulemaking for11096alignment with the Department and Administration priorities and will be11097updating the status and next steps in the Unified Agenda of Regulatory11098and Deregulatory Actions.11099                                 ______1110011101 Response to Written Questions Submitted by Hon. John Hickenlooper to11102                              Derek Barrs11103Commercial Driver's License Audits & Oversight11104    Last year, we witnessed tragic fatalities in Jefferson County,11105Colorado, that involved trucking companies failing safety standards or11106employees unlicensed truck drivers. In response to our Sept. 202411107letter expressing these safety concerns to the Federal Motor Carrier11108Safety Administration (FMCSA), we learned:1110911110   In Fiscal Year 2023, 705 motor carriers were identified with11111        Commercial Drivers License (CDL) violations;1111211113   In Fiscal Year 2024, 683 motor carriers had CDL violations.1111411115    Every violation by motor carriers to ensure their drivers maintain11116valid CDL licenses puts more lives at risk.1111711118    How will FMCSA improve its oversight and increase frequency of11119auditing the CDL registrations for commercial truck drivers?11120    Answer. Safety is integral to the mission and coordination with11121other entities to ensure our Nation's roadways are safe and efficient11122is paramount. FMCSA relies heavily on the work our state inspectors11123conduct every day to ensure the motoring public is safe. Secretary11124Duffy recently announced the launch of a nationwide audit by the11125Department of state practices for issuing non-domiciled CDLs. It is11126critical to ensure that all state licensing agencies are issuing11127commercial driver's licenses that meet all Federal requirements that11128FMCSA deems necessary to promote a safe and efficient supply chain.11129Automatic Emergency Braking11130    The Infrastructure Investment and Jobs Act (IIJA) required DOT to11131issue a final rule to require Automatic Emergency Braking (AEB) on all11132newly manufactured large trucks by November 2023. DOT estimates this11133technology will save over a hundred lives, prevent thousands of11134injuries, and tens of thousands of crashes involving large trucks11135annually. This critical standard is nearly 2 years overdue.1113611137    What steps will you commit to taking to expedite the completion of11138the final AEB rule? When is your target date to issue the final rule?11139    Answer. Safety on America's roadways is critical and vehicle11140technology can play an important role. If confirmed, I will review this11141rulemaking for alignment with the Department's and Administration's11142priorities and will be updating the status and next steps in the11143Unified Agenda of Regulatory and Deregulatory Actions.11144                                 ______1114511146     Response to Written Questions Submitted by Hon. John Thune to11147                           Jonathan Morrison11148    Question 1. Mr. Morrison, do you agree that autonomous vehicles11149(AVs) have the potential to improve traffic safety?11150    Answer. Yes. Properly developed and operated AVs have the unique11151ability to prevent the vast majority of crashes, injuries, and11152fatalities caused by human choices and errors--impairment, distraction,11153and speeding.1115411155    Question 2. If confirmed, will you commit to making the adoption11156and deployment of new safety technologies like AVs a priority at the11157National Highway Traffic Safety Administration?11158    Answer. While AV and other technology developers have the ability11159to deploy without pre-approval from NHTSA, the agency can foster11160development and deployment by engaging with industry and establishing11161best practices, guidance, removal of unintended barriers to designs11162enabled by automated driving systems, and eventual regulation. If11163confirmed, I will work with the Secretary to realize his vision for an11164AV framework to assure safe deployment.11165                                 ______1116611167    Response to Written Questions Submitted by Hon. Jerry Moran to11168                           Jonathan Morrison11169    Question 1. The National Highway Traffic Safety Administration,11170under the previous administration, had taken requirements from the last11171Surface Transportation Reauthorization for the State Highway Safety11172Grant Programs and expanded them beyond the Congressional intent--11173resulting in increased red tape in delivering these safety programs.11174    Will you work with the states to find ways to reduce administrative11175red tape so that more of the money intended for safety programs can be11176put to work improving safety on our roadways?11177    Answer. If confirmed, I would help implement the Secretary's vision11178for reducing red tape. While the agency must ensure that taxpayer11179dollars are appropriately spent, removal of unnecessary bureaucratic11180hurdles to the efficient distribution of safety-focused grant funding11181would be a priority. This would likely involve working with the States11182to identify specific areas for streamlining administrative11183requirements.1118411185    Question 2. Under the last administration, NHTSA changed how State11186Highway Safety Offices (SHSOs) plan and report on their use of Federal11187grant funds, requiring they submit plans every three years and an11188annual update on changes and grant activity for the Fiscal Year.11189Kansas' Annual Grant Application for FY24 ended up being 493 pages to11190provide all the information required by NHTSA, creating an overly11191cumbersome process.11192    How will you work with the states to find ways to enhance11193coordination and collaboration in prioritizing safety, while also being11194cognizant of minimizing cumbersome tasks?11195    Answer. If confirmed, I would help implement the Secretary's vision11196for reducing red tape. This would likely involve creation of working11197groups with States, NHTSA headquarter officials, and NHTSA regional11198offices to identify specific areas for streamlining administrative11199requirements in a manner that maintains appropriate oversight over11200taxpayer dollars to ensure they are used to maximize safety outcomes.1120111202    Question 3. Integral to the mission of the agency you are nominated11203to lead is coordination with other Federal departments and agencies and11204with states, localities, and industry stakeholders to deliver safe and11205efficient transportation networks.11206    How will you leverage relationships with state departments of11207transportation, metropolitan planning organizations, local governments,11208and other partners to navigate diverse transportation safety needs11209while upholding a uniform standard of safety throughout the country?11210    Answer. Consistent communication between NHTSA headquarters and11211regional offices, State and local governments, and other safety11212stakeholders, is critical to understanding the safety challenges unique11213to each locale while also setting expectations for deployment of11214countermeasures.11215                                 ______1121611217  Response to Written Question Submitted by Hon. Marsha Blackburn to11218                           Jonathan Morrison11219    Question 1. NHTSA has a horrible track record of meeting deadlines11220set by Congress. A 2022 GAO report revealed that NHTSA failed to11221complete 17 of 22 mandated rulemakings by their statutory deadlines.11222These deadlines are not suggestions--they're law. President Trump has11223focused on cutting through bureaucracy and right-sizing Federal11224agencies to ensure that deadlines are met and efficiency is a priority.11225What steps are you planning to decrease the long delay times for NHTSA11226responses to official requests?11227    Answer. Federal Motor Vehicle Safety Standards are technical/11228engineering standards that must meet strict criteria in the Motor11229Vehicle Safety Act and notice-and-comment rulemaking requirements of11230the Administrative Procedure Act. Ensuring standards are objective,11231practicable, meet the need for motor vehicle safety and grounded upon a11232sound scientific basis is critical both to ensuring legal sufficiency,11233cost-effectiveness, and avoiding unintended adverse safety11234consequences. Ensuring the necessary scientific basis requires11235research. If appropriate and relevant research on a particular11236technology does not yet exist, NHTSA must carry out or sponsor that11237research itself, which takes time to plan and conduct. If confirmed, I11238will ensure NHTSA's rulemaking resources are appropriately allocated to11239required rulemaking.. Further, I understand that the Government11240Accountability Office recently issued recommendations to NHTSA on11241reducing the rulemaking timeline, with which the agency concurred. If11242confirmed, I will work to ensure these recommendations are implemented11243where appropriate.11244                                 ______1124511246      Response to Written Questions Submitted by Hon. Ted Budd to11247                           Jonathan Morrison11248    Question 1. It's critical for America that NHTSA writes new FMVSS11249specifically for AVs. Harmonizing AV regulation nationally via robust11250Federal AV rules will promote regulatory certainty for industry and11251will ensure all American consumers are protected by the same11252regulations. If NHTSA cannot get the right regulations in place soon to11253support the safe and quick deployment of this technology, we'll see11254other countries try to steal America's lead. China is already trying to11255take advantage and leapfrog the U.S. like they have in so many other11256industries. As NHTSA administrator, do you commit to establishing ADS-11257specific FMVSS and prioritizing the U.S. remaining the global leader on11258AVs?11259    Answer. If confirmed, I will prioritize realizing the Secretary's11260vision of an AV framework that enables safe deployment of the11261technology to ensure the United States remains the global leader in AV11262technological development and deployment.1126311264    Question 2. On December 3, 2024, NHTSA issued a final decision11265notice adding four new advanced driver assistance systems technologies11266to the New Car Assessment Program. This notice includes these new11267technologies in NHTSA's assessment starting with the 2026 Model Year,11268which manufacturers could begin selling in January 2025. Essentially,11269NHTSA provided only 1 month of lead-time to the industry for this11270program. If confirmed, will you work with industry to set more11271reasonable timeframes for NHTSA programs?11272    Answer. Yes.1127311274    Question 3. Under the last administration NHTSA expanded reporting11275and compliance requirements for several grant programs. Instead of11276working to reduce drunk driving or encourage seatbelt use, state11277employees are spending their time jumping through hoops and filling out11278paperwork. If confirmed, will you work with states to reduce11279administrative red tape so that NHTSA's programs can actually be put to11280work improving safety on our roadways?11281    Answer. Yes. While the agency must ensure that taxpayer dollars are11282appropriately administered, removal of unnecessary bureaucratic hurdles11283to the efficient distribution of safety-focused grant funding will be a11284priority, should I be confirmed.1128511286    Question 4. Last month, our friends across the Capitol held a11287hearing on the state of the auto industry. Each panelist had the same11288message: industry needs a well-resourced and transparent regulator in11289order to flourish and maintain U.S. Competitiveness, but NHTSA is not11290working well. Safety groups, regulated parties, and the Insurance11291Institute for Highway Safety all agree that NHTSA needs to be better11292than it has been in the recent past. What are your top ideas to make11293NHTSA a collaborative and transparent agency again?11294    Answer. If confirmed, I plan to provide avenues for consistent and11295deep communication between agency leadership and staff, industry, and11296technical safety experts. Doing so is critical to ensuring NHTSA11297understands how technology is developing, and industry understands11298agency priorities and concerns.1129911300    Question 5. Many innocent people have lost their lives in a11301gruesome and preventable kind of traffic crash known as ``underride.''11302These underride crashes can happen at the rear and sides of large11303commercial trucks and are caused by the mismatch between the tall11304bottom edge of trailers and the relatively lower heights of all other11305vehicles that share the roads with them. Many of these underride11306casualties are pedestrians and bicyclists, who are especially11307vulnerable to being trapped under the tandem wheels of large trucks in11308low-speed encounters on town and city streets.11309    Those fatalities can be prevented by side underride guards, which11310act to block pedestrians and cyclists from falling beneath the tractor-11311trailer and being crushed to death under its rear wheels. NHTSA knows11312about this problem and announced a proposed rulemaking for side11313underride guards, which remains pending. In the last administration,11314however, NHTSA did not count preventing the deaths of pedestrians and11315bicyclists as a benefit of its proposed rulemaking.11316    Will you, as NHTSA Administrator, conduct a full cost-benefit11317analysis of this pending proposed rulemaking or any future rulemaking11318on side underride guards?11319    Answer. If confirmed, I would work with agency economists to ensure11320that appropriate factors are considered as part of any benefit-cost11321analyses.11322                                 ______1132311324    Response to Written Questions Submitted by Hon. Eric Schmitt to11325                           Jonathan Morrison11326    Question 1. In the past, vehicle owners controlled the data their11327cars generated--like its mileage, tire pressure, and location. But with11328connected vehicles, automakers are increasingly limiting that access.11329When owners have access to and control over their data, they can ensure11330proper maintenance and monitor driving safety, which will ultimately11331help improve traffic flow. Given the implications raised by some11332stakeholders, can you commit to working with me to ensure owners retain11333appropriate access to their vehicle data?11334    Answer. Failure to appropriately maintain or service vehicles has11335safety consequences ranging from brake failure to sudden loss of motive11336power to tire blow outs. The ability of vehicle owners to service and11337maintain their own vehicles, or have their vehicles serviced or11338maintained at the facility of their choice is important to ensuring11339safety. If confirmed, I would support efforts to provide consumers with11340secure access to data necessary to maintain or service their vehicles.1134111342    Question 2. As part of the Infrastructure Jobs and Investment Act11343(IIJA), NHTSA's regulations are required to define what constitutes11344both ``public participation and engagement'' and ``effective community11345collaboration''. They have even gone so far as to say that if a highway11346safety program did not originate from a request of the affected11347community, then such a program does not meet public participation11348expectations of the law. For example, if Missouri Department of11349Transportation (MoDOT) were to go to a school district or a local11350community that has low seat belt use and recommend some programs or11351countermeasures the school or community could implement, NHTSA has, at11352times, only deemed this eligible for a grant if the idea originated11353from the community itself. This has resulted in increased11354administrative burdens for highway safety programs, diverting time and11355resources from implementation.11356    How do you plan to work with states to reduce administrative red11357tape so that the states and their highway safety partners can spend11358more time implementing safety programs than administering them?11359    Answer. If confirmed, I would help implement the Secretary's vision11360for reducing red tape. While the agency must ensure that taxpayer11361dollars are appropriately spent, removal of unnecessary bureaucratic11362hurdles to the efficient distribution of safety-focused grant funding11363would be a priority. This would likely involve working with the States11364to identify specific areas for streamlining administrative11365requirements.1136611367    Question 3. Vehicle-to-Everything technology, or ``V2X'', has11368demonstrated significant potential to reduce crashes, save lives, and11369improve traffic efficiency. However, the Department of Transportation's11370National Deployment Plan for V2X was recently taken down, creating11371uncertainty about the Federal government's direction on this critical11372safety technology. Meanwhile, state and local governments are making11373considerable investments in V2X infrastructure to improve roadway11374safety and efficiency.11375    Given this momentum of V2X, are you willing to work collaboratively11376with public and private sector stakeholders to develop a voluntary11377framework for national V2X deployment? And will you ensure that NHTSA11378provides leadership and coordination to support these ongoing11379investments and maximize the safety and mobility benefits of V2X for11380all Americans?11381    Answer. V2X technologies provide great potential safety and11382efficiency benefits for next generation vehicles, other road users, and11383infrastructure. If confirmed, I would work with the Secretary to11384achieve his vision for efficient and effective V2X deployment to11385achieve positive safety outcomes.11386                                 ______1138711388   Response to Written Questions Submitted by Hon. Maria Cantwell to11389                           Jonathan Morrison11390Federal Workforce Staffing Cuts11391    In May, the DOT paused its planned reductions in force due to11392ongoing litigation. On July 8, the Supreme Court allowed the11393Administration to move forward with widespread firings. There is now11394uncertainty about what actions DOT plans to take. Meanwhile, 27.811395percent of National Highway Traffic Safety Administration (NHTSA)11396employees have already left the agency through the deferred resignation11397program.1139811399    Question 1. Yes or No: Do you oppose a reduction-in-force at NHTSA,11400particularly when the agency has already lost over 27 percent of its11401workforce?11402    Answer. Since I'm not yet at the agency, I'm not aware of how11403NHTSA's staff is allocated amongst the various divisions, nor how11404workstreams are currently staffed.1140511406    Question 2. Are you concerned that widespread departures undermine11407NHTSA's ability to ensure public safety and pursue investigations?11408    Answer. Since I'm not yet at the agency, I'm not aware of how11409NHTSA's staff is allocated amongst the various divisions, nor how11410workstreams are currently staffed.11411Stalled Safety Standards11412    Nearly 40,000 people die in traffic accidents every year, including11413731 people who died in Washington State last year. The most common11414causes of traffic accidents are impaired and distracted driving, and11415speeding. NHTSA is responsible for setting and enforcing vehicle safety11416standards.11417    During your previous time at DOT, the agency did not issue a single11418new Federal motor safety standard. Currently, there are 19 outstanding11419congressionally mandated vehicle safety requirements the agency has not11420completed. This includes automatic emergency braking for trucks, which11421could prevent 19,000 crashes annually, and lane keep assist, which11422could reduce crashes by 24 percent.1142311424    Question 1. What Congressionally mandated Federal motor vehicle11425safety requirement rulemakings will you prioritize to decrease the11426number of fatal accidents on our roads, if confirmed?11427    Answer. Since I'm not yet at the agency, I'm not aware of how far11428staff has progressed in its various ongoing rulemakings. If confirmed,11429I would be briefed on the status of all outstanding rulemaking11430mandates,.1143111432    Question 2. If confirmed, will you commit to completing11433congressionally mandated vehicle safety rulemakings in a timely manner?11434    Answer. If confirmed, I will exercise my leadership to ensure that11435all laws are faithfully executed and statutory mandates complied with.11436Autonomous Vehicle Safety and AI Moratorium11437    Mr. Morrison, some of my colleagues have proposed prohibiting state11438and local governments from regulating AI. This would include11439prohibiting states from imposing safety and reporting requirements on11440autonomous vehicles.1144111442    Question 1. Does DOT have any requirements to ensure the safe11443operation of autonomous vehicles?11444    Answer. Pursuant to the Motor Vehicle Safety Act, manufacturers11445have the obligation to file a defect notice and commence the recall11446process within five days of having reason to believe that the vehicle11447or equipment has a defect in design, construction, or performance11448posing an unreasonable risk to safety. This applies to all vehicles,11449including AVs.1145011451    Question 2. If the Federal government does not have any safety11452requirements, does it make sense to prohibit states from ensuring11453autonomous vehicles are safe to operate on public roads?11454    Answer. As described in response to Question 1, all vehicles,11455including autonomous vehicles, are subject to the Motor Vehicle Safety11456Act's broad defect authorities. I will defer to Congress on legislative11457efforts to restrict State regulation of Autonomous Vehicles.11458Safe Systems Approach for Roadway Safety11459    Roadway fatality rates in the United States are 15 percent higher11460than they were a decade ago. Clearly, we need to fix the safety culture11461on our roads. Currently, three Federal agencies work with three11462different agencies in each state to address their own aspects of11463roadway safety, often without any coordination.11464    We have learned from other industries, including the aviation11465industry, that looking at safety holistically and creating redundancy11466is essential to preventing mistakes that could lead to fatal accidents.1146711468    Question 1. Yes or No: Do you agree that a safe system approach is11469the best way to reduce roadway fatalities?11470    Answer. Yes--multi-prong approaches that provide for redundancy,11471such as a safe system approach, provide for a better and more11472comprehensive means to reduce fatality risks.1147311474    Question 2. How do you believe NHTSA can work with other modal11475administrations at the DOT to address safety holistically?11476    Answer. NHTSA can work with other modal administrations to address11477safety in several areas. This takes consistent collaboration on areas11478of adjacent or overlapping authority (e.g., the Federal Motor Carrier11479Safety Administration on trucking safety). If confirmed, I would look11480forward to working with the Secretary on ensuring that intermodal11481workstreams are aligned to achieve the most effective results.1148211483    Question 3. Yes or No: Do you support state and local efforts to11484implement comprehensive safety plans also known as ``vision zero11485plans?''11486    Answer. Yes, if those plans are followed with concrete steps to11487address safety risks.11488Suppressing Safety Data11489    Last year I sent a letter to DOT requesting documents related to11490allegations NHTSA suppressed safety data that showed side underride11491guards on truck trailers were cost beneficial. You were NHTSA's Chief11492Counsel at the time.1149311494    Question 1. While serving as NHTSA's Chief Counsel, did you allow11495any industry group to view, edit, or provide comment on a cost-benefit11496analysis or proposed research compiled by DOT's Volpe Center related to11497side underride guards?11498    Answer. No.1149911500    Question 2. Did you participate in a January 2020 meeting of DOT,11501NHTSA, and FMCSA officials related to the Volpe Center and side11502underride guards? If not, did any NHTSA attorneys in your office11503participate?11504    Answer. Yes.1150511506    Question 3. Did you participate in any meetings with members of the11507American Trucking Association related to the Volpe Center and side11508underride guards? If so, provide the dates, participants, and purpose11509of each meeting.11510    Answer. No.1151111512    Question 4. Do you think it's appropriate to allow industry groups11513to have special access to pre-decisional government reports that have a11514direct financial impact on them?11515    Answer. No.1151611517    Question 5. If confirmed, do you commit to full transparency at11518NHTSA regarding meetings with industry lobbyists on issues related to11519public safety?11520    Answer. If confirmed, I will follow the law.11521Apple11522    Mr. Morrison, after working at NHTSA during the first Trump11523Administration, you worked in the Special Projects Group at Apple for11524the past four years. According to reports, during your tenure at Apple,11525the company spent billions of dollars developing a self-driving car,11526named ``Project Titan.'' Little information is known about Project11527Titan, although some reports indicate Apple largely ended this effort11528last year.1152911530    Question 1. Mr. Morrison, please describe in detail your work on11531Project Titan or any other self-driving car project at Apple.11532    Answer. I am subject to non-disclosure requirements that do not11533allow me to discuss non-public work I performed at Apple.1153411535    Question 2. I understand you informed my staff during your11536interview on May 28, 2025, that you would not disclose the specifics of11537your work at Apple due to multiple non-disclosure agreements (NDAs). Is11538that still your position today?11539    Answer. Yes.1154011541    Question 3. Have you asked Apple to release you from these NDAs?11542    Answer. No.1154311544    Question 4. If a Member of this Committee directed you to ask Apple11545to release you from your NDAs, would you do so? If no, explain why not.11546    Answer. I will work with the Committee, if confirmed.1154711548    Question 5. Do you believe it is appropriate to conceal the work11549you did for a private company when it is directly relevant to the11550position for which you have been nominated?11551    Answer. If any matter arises that could have implications for11552Apple, I will consult with NHTSA's Designated Ethics Official prior to11553any engagement.11554                                 ______1155511556   Response to Written Questions Submitted by Hon. Edward Markey to11557                           Jonathan Morrison11558Driver Automation11559    Almost every manufacturer of driver automation systems and partial11560driver automation systems restrict their systems only to the roads and11561driving conditions the systems are designed for. Manufacturers do this11562using a technology known as ``geofencing.'' Tesla is an industry11563exception, allowing its Autopilot and Full-Self drive features to be11564enabled on any road and in any driving condition. During your hearing,11565you said regulation is appropriate when ``a technology is fully11566understood and after an industry consensus has already been reached.''11567Geofencing driving automation systems appears to meet both these11568criteria given its widespread adoption by industry with the exception11569of Tesla.1157011571    Question 1. Do you agree that NHTSA should require all driving11572automation systems, including partial driving automation systems like11573Autopilot, to be constrained to the specific roads and conditions they11574are designed for?11575    Answer. Level 3 and Level 4 automated driving systems are11576inherently limited to use within their operational design domain, and11577failure to include a fallback maneuver to achieve a minimal risk11578condition when an operational design domain is exceeded would present a11579safety risk subject to the Motor Vehicle Safety Act's defect11580requirements. With driver assistance systems, a human is driving under11581all circumstances and responsible for safe operation of the vehicle.11582The manufacturer of the system is expected to provide countermeasures11583to address reasonably foreseeable misuse, which may include a11584combination of geofencing, driver monitoring, and other technologies to11585provide assurance that the system is being used properly. Failure to11586include such countermeasures would present a safety risk subject to the11587Motor Vehicle Safety Act's defect requirements.11588Truck Underrides11589    Q: During your hearing, you told Senator Lujan that you were not11590familiar with the truck underride side guard rulemaking. However, files11591released under the Freedom of Information Act show you were the direct11592recipient of e-mails regarding the publication of an FMCSA report on11593this topic. Records also show your direct reports were heavily involved11594in the report's revision and publication. The report itself was highly11595controversial due to investigative reporting at ProPublica.1159611597    Question 1. Now that you have had the chance to refamiliarize11598yourself with the issue, can you commit to ensuring the lives of my11599constituents--Minh-Thi Nguyen and Sidney Olson--and all vulnerable road11600users are included in any cost-benefit analysis NHTSA conducts while11601reviewing this rule?11602    Answer. If confirmed, I would work with agency economists to ensure11603that all appropriate factors are considered as part of any benefit-cost11604analyses.11605Distracted Driving11606    Research suggests distracted driving may be implicated in as many11607as 30 percent of all crashes. The Bipartisan Infrastructure Law11608required NHTSA to conduct research on distracted driving and, if11609appropriate, propose rulemaking to prevent distracted driving. The11610research was mandated to be conducted within three years of enactment11611and is now long overdue.1161211613    Question 1. Can you commit to expeditiously completing this11614research and undertaking a rulemaking to mitigate distracted driving?11615    Answer. If confirmed, I will be briefed on the status of the11616research and provide resources to ensure the research is completed in a11617timely manner. Upon completion of the research, and based upon the11618findings of that research and other relevant information pursuant to11619the Motor Vehicle Safety Act, I will work with staff and the Secretary11620to determine whether a rulemaking is appropriate.11621Seatback Safety11622    For decades, front seats in vehicles have endangered back seat11623riders' lives when they collapse and become projectiles during rear-end11624collisions. The Bipartisan Infrastructure Law mandated NHTSA propose11625rulemaking to update the standards for seat back safety and protect11626back seat riders, many of whom are children. NHTSA announced a proposed11627rule in July 2024.1162811629    Question 1. Do you commit to expeditiously finalizing this long11630overdue rule and protecting the lives of children in back seats?11631    Answer. If confirmed, I will be briefed on the status of the11632rulemaking and will exercise my leadership to ensure that all laws are11633faithfully executed, and statutory mandates complied with.11634Staffing Cuts11635    According to recent reporting by Politico, 28 percent of NHTSA's11636employees took the Delayed Resignation Program offer.1163711638    Question 1. At an agency whose chief mission is safety, do you11639support these drastic cuts to NHTSA workforce?11640    Answer. If confirmed, I would seek to ensure that the agency has11641sufficient staffing to accomplish its mission, and look forward to11642working with NHTSA's fantastic team of safety professionals.1164311644    Question 2. What actions will you take to ensure NHTSA has the11645staff it needs to deliver on its safety mission?11646    Answer. Since I'm not yet at the agency, I'm not aware of how11647NHTSA's staff is allocated amongst the various divisions, nor how11648workstreams are currently staffed.11649CAFE Standards11650    The reconciliation bill zeroed out penalties for automakers who11651violate the Corporate Average Fuel Economy standards--unless the11652Department of Transportation explicitly notifies them of noncompliance.1165311654    Question 1. Will you commit to publishing a public list of11655violators, including who has received official noncompliance notices11656from the Department of Transportation?11657    Answer. If confirmed, I will follow the law.11658Scientific Research11659    Question 1. Will you commit to ensuring that the findings of11660scientific research conducted by your agency will be communicated11661accurately, methodology will be transparent and available to those who11662wish to understand it, and that the scientists who generated the work11663will have an opportunity to correct any misrepresentations of their11664work prior to dissemination?11665    Answer. Transparency of research methodology and findings is11666critical to ensuring that NHTSA's research continues to set the gold11667standard in the vehicle and behavioral safety research fields, and I11668will ensure that the agency continues to be transparent in these areas.1166911670    Question 2. Do you pledge to use the best available scientific11671evidence to inform decisions and evidence-based policies, and to11672communicate clearly and accurately with the public regarding the11673evidence that informed these decisions and policies?11674    Answer. Yes.11675                                 ______1167611677    Response to Written Questions Submitted by Hon. Gary Peters to11678                           Jonathan Morrison11679    Question 1. Over the course of Administrations under both parties,11680NHTSA has fallen behind on rulemakings in response to Congressional11681mandates. Studies have also found that it takes NHTSA over 5 years on11682average to complete a rulemaking.1168311684    a. If confirmed, what is your plan to complete this rulemaking11685backlog and what steps do you think might be appropriate to improve11686NHTSA's operations?11687    Answer. Federal Motor Vehicle Safety Standards are technical/11688engineering standards that must meet strict criteria in the Motor11689Vehicle Safety Act and notice-and-comment rulemaking requirements of11690the Administrative Procedure Act. Ensuring that standards are11691objective, practicable, meet the need for motor vehicle safety and11692grounded upon a sound scientific basis is critical both to ensuring11693legal sufficiency, cost-effectiveness and avoiding unintended adverse11694safety consequences. Ensuring the necessary scientific basis requires11695research. If appropriate and relevant research on a particular11696technology does not yet exist, NHTSA must carry out or sponsor that11697research itself, which takes time to plan and conduct. If confirmed, I11698will ensure that NHTSA's rulemaking resources are appropriately11699allocated to required rulemaking. Further, I understand that the11700Government Accountability Office recently issued recommendations to11701NHTSA on reducing the rulemaking timeline, with which the agency11702concurred. If confirmed, I will work to ensure that these11703recommendations are implemented where appropriate.1170411705    b. Will you commit to providing timely and transparent updates to11706Congress on NHTSA's regulatory agenda and progress on specific11707rulemakings?11708    Answer. I will work toward delivering on NHTSA's regulatory agenda.1170911710    Question 2. I have long been a champion of autonomous vehicle11711technology and believe that, if deployed correctly and responsibly,11712this technology can transform roadway safety.1171311714    a. Will you commit to maintaining transparency and safety as11715guiding principles as you work to provide a regulatory framework for11716the deployment of autonomous vehicles on our roads?11717    Answer. Yes.1171811719    b. What rulemakings do you think it would be appropriate for NHTSA11720to pursue related to autonomous vehicle testing and deployment?11721    Answer. I believe a combination of amending existing FMVSS to11722remove unnecessary and unintended barriers to designs enabled by11723automated driving systems and establishment of performance requirements11724for automated driving system competency will be necessary. In the11725meantime, NHTSA can issue guidance documents and best practices to help11726align industry toward appropriate and safe development, testing, and11727deployment of automated driving systems. Lastly, strong agency11728oversight and transparency are necessary to foster consumer trust.1172911730    c. Will you commit to sharing updates with Congress, including my11731staff, on your progress related to an AV framework?11732    Answer. Yes, as appropriate.1173311734    d. If confirmed, will you support maintaining NHTSA's Standing11735General Order on collecting crash data on autonomous and semi-11736autonomous systems?11737    Answer. Yes.1173811739    Question 3. Vehicle-to-Everything technology, or ``V2X'', has11740demonstrated significant potential to reduce crashes, save lives, and11741improve traffic efficiency. However, the Department of Transportation's11742National Deployment Plan for V2X was recently taken down, creating11743uncertainty about the Federal government's direction on this critical11744safety technology. Meanwhile, state and local governments are making11745considerable investments in V2X infrastructure to improve roadway11746safety and efficiency.1174711748    a. Are you willing to work collaboratively with public and private11749sector stakeholders to develop a voluntary framework for national V2X11750deployment?11751    Answer. V2X technologies provide great potential safety and11752efficiency benefits for next generation vehicles, other road users, and11753infrastructure. If confirmed, I would work with the Secretary to11754achieve his vision for efficient and effective V2X deployment to11755achieve positive safety outcomes.1175611757    b. And will you ensure that NHTSA provides leadership and11758coordination to support these ongoing investments and maximize the11759safety and mobility benefits of V2X for all Americans?11760    Answer. If confirmed, I would work with the Secretary to achieve11761his vision for efficient and effective V2X deployment to achieve11762positive safety outcomes.1176311764    Question 4. NHTSA's pending ANPRM on side underride guards11765estimated very few preventable deaths could be expected with a side11766underride guard requirement on tractor trailers, making the costs of11767regulation exceed benefits. This estimate reflected assumptions in the11768rulemaking's cost-benefit analysis that excluded whole categories of11769preventable deaths, the largest of which was vulnerable road users11770(pedestrians, bicyclists, and motorcyclists).1177111772    a. If confirmed, will you commit to considering vulnerable road11773users (pedestrians, bicyclists, and motorcyclists) in cost-benefit11774analyses to the furthest extent possible in rulemakings, including11775reconsidering its use in the above ANPRM?11776    Answer. If confirmed, I would work with agency economists to ensure11777that all appropriate factors are considered as part of any benefit-cost11778analyses.1177911780    Question 5. As an avid Motorcyclist and Co-chair of the motorcycle11781caucus, I am strongly supportive of efforts to improve motorcycle11782safety given the disproportionate injuries and deaths experienced by11783motorcycle riders on our roads each year.1178411785    a. If confirmed, will you commit to working to improve motorcycle11786safety, including by continuing to carry out the Motorcycle Advisory11787Council Act, which was passed in 2021?11788    Answer. If confirmed, I commit to working to improve motorcycle11789safety and will follow the law--including the Motorcycle Advisory11790Council Act.1179111792    Question 6. Mr. Morrison, it seems that NHTSA's bumper standards11793under Part 581 are overdue for an update, particularly since they11794restrict the placement of critical ADAS sensors used in Automatic11795Emergency Braking and other modern safety systems. If confirmed, will11796you look into modernize these standards to support new safety11797technologies?11798    Answer. If confirmed, I would look to evaluate regulations that may11799pose unnecessary barriers to safety innovation, including Part 581.1180011801    Question 7. Thank you for answering my question on NHTSA's global11802leadership at the hearing. How important do you believe it is for NHTSA11803to prioritize harmonizing with global standards on rulemakings when11804possible?11805    Answer. Given the massive and expensive inefficiencies involved in11806developing different vehicles for different markets, harmonization is11807important to achieving cost savings that can make vehicles more11808affordable and quicken fleet turnover into safer and cleaner new11809vehicles. That said, NHTSA must meet the statutory requirements of the11810Motor Vehicle Safety Act and the Administrative Procedure Act in11811promulgating standards, and cannot merely adopt standards from other11812countries for the sake of harmonization. An important part of the11813agency's work is playing a leadership role in the UNECE World Forum for11814Harmonization of Vehicle Regulations to create Global Technical11815Regulations for new technologies. This forum enables the United States11816to help ensure that new technical regulations are consistent with the11817tenets of the Motor Vehicle Safety Act.11818    Further, a critical part of the Motor Vehicle Safety Act is a11819requirement that standards be practicable--an important aspect of which11820includes affordability. Ensuring that new Federal Motor Vehicle Safety11821standards are compatible with regulations elsewhere can help minimize11822additional costly design, engineering, and testing efforts.11823                                 ______1182411825   Response to Written Questions Submitted by Hon. Ben Ray Lujan to11826                           Jonathan Morrison11827    Question 1. The Honoring the Abbas Family Legacy to Terminate Drunk11828Driving Act--also known as the HALT Act--is a bipartisan law enacted in118292021 as part of the Infrastructure Investment and Jobs Act. This11830historic law requires all new vehicles to be equipped with advanced11831anti-drunk driving technology and, according to the Insurance Institute11832for Highway Safety (IIHS), will save more than 10,000 lives a year when11833fully implemented. NHTSA's annual budget request to Congress states11834that implementing standards for advanced drunk and impaired driving11835technology will be an agency priority.1183611837    How will you prioritize dedicating the necessary time and resources11838to complete NHTSA's rulemaking on anti-drunk driving technology? Please11839provide exact details and a proposed timeline.11840    Answer. I'm not yet at the agency, so I don't yet have the11841information necessary to develop a detailed plan or timeline. That11842said, as mentioned in your office and during the hearing, getting11843briefed on the state of the DADSS technology and status of research and11844rulemaking progress will be a priority if I am confirmed.1184511846    Question 2. Critics of the HALT Act have cited privacy concerns11847regarding advanced anti-drunk driving technology. However, the11848technology is meant to be a vehicle safety feature that simply prevents11849illegally drunk drivers from operating motor vehicles and putting11850others on the road at risk. It is NOT meant to put a police officer in11851your car or otherwise spy on drivers. Moreover, NHTSA is fully capable11852of building in privacy guardrails and protections in its final rule to11853safeguard consumer privacy. In fact, in its Advanced Notice of Proposed11854Rulemaking, NHTSA acknowledged that consumer privacy is critical toward11855establishing public acceptance of this technology.1185611857    Do you pledge as NHTSA Administrator to protect privacy and11858incorporate strong privacy principles in the final regulation11859implementing the HALT Act?11860    Answer. With any Federal Motor Vehicle Safety Standard, the rule11861must be practicable--which means not only technically feasible and11862affordable, but also acceptable to the driving public, since the11863Federal government cannot force Americans to embrace new technologies11864through regulatory mandates. A technology that would threaten to expose11865sensitive information would likely face consumer resistance, and any11866rulemaking in this area should factor in privacy considerations.1186711868    Question 3. NHTSA has a pending Advanced Notice of Proposed11869Rulemaking on side underride guards, with a cost benefit analysis that11870estimates that side underride guards will prevent very few deaths. As a11871result, according to NHTSA, the cost of installing side guards exceeds11872the benefits. Unfortunately, to reach this estimate, NHTSA makes11873assumptions in their cost benefit analysis that excludes whole11874categories of preventable deaths of vulnerable road users such as11875pedestrians, bicyclists, and motorcyclists. As shown in this video11876(https://www.youtube.com/ watch?v=GTRZ1Pj9r7g) side underride guards11877can prevent pedestrians and bicyclists from being crushed underneath,11878causing further injury and death in many circumstances.1187911880    Will you commit to counting pedestrians and bicyclists as11881preventable deaths for vulnerable road users in this cost benefit11882analysis and future rulemakings on side underride guards?11883    Answer. If confirmed, I would work with agency economists to ensure11884that all appropriate factors are considered as part of any benefit-cost11885analyses.1188611887    Question 4. The Driver Alcohol Detection System for Safety (DADSS)11888program is coming to an end in September 2025. At that time the11889reference design package will be handed over to the auto industry.1189011891    What will you do as NHTSA Administrator to work with auto industry11892leadership to ensure that this 17-year federal-funded program to11893develop anti-drunk driving tech in collaboration with the auto industry11894will be ready to go in cars and available to consumers as soon as11895possible?11896    Answer. As discussed during our meeting and at the hearing, if11897confirmed, I will be briefed on the state of the DADSS program . One of11898the critical aspects of the DADSS program is that the intellectual11899property behind the technology must be made available to automakers and11900suppliers on a royalty-free basis. I believe this technology can have a11901massive safety impact and will encourage its early adoption.1190211903    Question 5. The role of the Department of Transportation is to11904ensure all vehicles, including those equipped with partially or fully11905automated driving systems, are safe for all road users. In 2024, nearly1190670 percent of all vehicles sold in the U.S. had some form of automated11907driving system. Yet the NHTSA has no formal requirements for testing or11908certifying these vehicles. Additionally, NHTSA has recently relaxed its11909reporting requirements for autonomous vehicle (AV) crashes, eliminated11910a significant number of staff specifically focused on AV safety, and11911has drastically reduced the number of enforcement actions since the11912start of this administration. One of the most prevalent issues leading11913to AV crashes is over-trust in the automated system, leading to lack of11914oversight by the human in the loop. Trust in these systems is built on11915the assumption that the government is performing its oversight duties11916to ensure cars and roads are safe for everyone. Yet NHTSA is not only11917failing to enact mandatory standards to address the unique issues that11918arise with AVs, but they are loosening the reigns.1191911920    (a) What do you plan to do to ensure Americans' trust in AVs is not11921misguided? How do you plan to enforce safety mechanisms in autonomous11922vehicles so we can all benefit from the promise of these technologies?11923    Answer. Critically important is differentiating between driver11924assistance systems and driving automation systems. Driver assistance11925systems--effectively all the systems available for consumer purchase--11926are effectively a sophisticated form of cruise control that require11927driver attention at all times during operation. Automakers are expected11928to have countermeasures in place to address reasonably expected misuse,11929but the person behind the wheel is the driver and responsible for safe11930operation of the vehicle. Consistent communication with automakers and11931drivers on these responsibilities is important to achieving appropriate11932design and operation.11933    With driving automation systems, however, the vehicle itself is11934responsible for the driving task, and with very few limited exceptions11935in a handful of highline vehicles, are limited to operator-controlled11936fleets in specific geographical areas. Setting development, testing,11937and performance expectations through guidance and best practices can11938help ensure that developers are acting appropriately. Being transparent11939with the public on what is being tested and the state of the technology11940can foster consumer trust.11941    Both driver assistance systems and driving automation systems are11942subject to the requirements of the vehicle safety act--including11943NHTSA's recall authority. If confirmed, I would not hesitate to use the11944full force of NHTSA's enforcement authorities to address bad actors in11945either space. This, too, can help ensure the trust in the American11946public.1194711948    (b) What do you see as the most significant safety challenges that11949are unique to autonomous vehicles?11950    Answer. While AVs provide incredible potential safety and mobility11951benefits, they present their own unique risks. First and foremost,11952development of an automated driving system is one of the greatest11953engineering challenges ever attempted. Ensuring that industry11954development and testing appropriately mitigates risk is critically11955important to achieving safe outcomes.11956    Automated driving systems involve sophisticated sensor suites and11957powerful computing systems that drive incredibly complicated software11958to fuse and translate sensor data into meaningful depictions of the11959physical world, classify objects and assign potential kinematic actions11960to those objects, and develop motion plans to navigate through roadways11961toward the destination--all constantly changing in real-time. Hardware11962or software insufficiencies or errors in any part of the system can11963lead to adverse safety outcomes. Industry best practices and standards11964for functional safety, safety of the intended functionality, software11965development, public road testing, and safety cases help developers11966track and mitigate risk.1196711968    Question 6. You have agreed to recuse yourself from any matters in11969which Apple is a party for two years. However, because your non-11970disclosure agreements prevent you from disclosing your work there, we11971lack the visibility into what those matters might include.1197211973    How can we ensure your recusal is meaningful and effective if we do11974not have the relevant information?11975    Answer. During member and staff meetings, and in the resume and11976questionnaire I submitted to the Committee, I described the types of11977activities and general work I performed for Apple, but I am prohibited11978from describing specific technologies. That said, I am subject to11979criminal conflict-of-interest law, and have entered into a robust11980ethics agreement to ensure I do not engage in inappropriate activities.11981If any matter arises that could have implications for Apple, I would11982consult with NHTSA's Designated Ethics Official prior to any engagement11983on the matter.11984                                 ______1198511986 Response to Written Questions Submitted by Hon. John Hickenlooper to11987                           Jonathan Morrison11988Autonomous Vehicles11989    Despite past Congressional efforts to establish such, there are11990currently no comprehensive Federal statutes or regulations that11991specifically apply to the testing or operational deployment of fully11992autonomous vehicles (AVs). Today, many states-including Colorado-have11993passed their own laws establishing strict requirements for testing and11994deploying autonomous vehicles. AVs can be a transformative technology11995only if targeted and rigorous safety regulations are in place.1199611997    To maintain robust safety standards and promote the adoption in11998AVs, what specific lessons do you believe the Federal government could11999learn from the enacted state laws in effect today?12000    Answer. While State laws provide for permitting or registration,12001and sometimes reporting, I am not aware of State regulations that12002create the sort of technical performance requirements and test12003procedures that would be appropriate under the Motor Vehicle Safety12004Act.1200512006    Which examples of AV safety testing or AV deployment from state AV12007laws do you believe are achievable within NHTSA's existing statutory12008authorities, and which do you believe would require new authorization12009from Congress for NHTSA to execute?12010    Answer. While State laws provide for permitting or registration,12011and sometimes reporting, I am not aware of State regulations that12012create the sort of technical performance requirements and test12013procedures that would be appropriate under the Motor Vehicle Safety12014Act.12015Vehicle Communications Infrastructure12016    Vehicle-to-Everything technology, or ``V2X'', has demonstrated12017significant potential to reduce crashes, save lives, and improve12018traffic efficiency. However, the Department of Transportation's12019National Deployment Plan for V2X was recently taken down, creating12020uncertainty about the Federal government's direction on this critical12021safety technology. Meanwhile, state and local governments are making12022considerable investments in V2X infrastructure to improve roadway12023safety and efficiency.1202412025    Are you willing to work with public and private sector stakeholders12026to develop a robust voluntary framework for national V2X deployment?12027    Answer. V2X technologies provide great potential safety and12028efficiency benefits for next generation vehicles, other road users, and12029infrastructure. If confirmed, I would work with the Secretary to12030achieve his vision for efficient and effective V2X deployment to12031achieve positive safety outcomes.1203212033    Will you ensure that NHTSA provides coordination to support these12034ongoing investments and maximize the safety and mobility benefits of12035V2X technology?12036    Answer. If confirmed, I would work with the Secretary to achieve12037his vision for efficient and effective V2X deployment to achieve12038positive safety outcomes.12039Automatic Emergency Braking12040    The Infrastructure Investment and Jobs Act (IIJA) required DOT to12041issue a final rule to require Automatic Emergency Braking (AEB) on all12042newly manufactured large trucks by November 2023. DOT estimates this12043technology will save over a hundred lives, prevent thousands of12044injuries, and tens of thousands of crashes involving large trucks12045annually. This critical standard is nearly 2 years overdue.1204612047    What steps will you commit to taking to expedite the completion of12048the final AEB rule? When is your target date to issue the final rule?12049    Answer. If confirmed, I will be briefed on the status of this12050rulemaking and any research necessary to provide the foundation12051necessary for rulemaking. I would also ensure that staff continues to12052work on the rulemaking. Without such information, I'm unable to provide12053a target date.12054                                 ______1205512056Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to1205712058                           Jonathan Morrison12059NHTSA Overdue Rules12060    Question 1. Since Congress passed the Bipartisan Infrastructure Law12061and allocated more resources to NHTSA four years ago, the agency has12062now more than doubled its pace of rulemaking on critical safety issues.12063We still need to do better, but this represents progress.1206412065    Do you agree that the Bipartisan Infrastructure Law was effective12066in easing NHTSA's rulemaking backlog?12067    Answer. I have not worked with the agency since the Bipartisan12068Infrastructure Law was passed, and don't have information that would12069allow me to meaningfully weigh in on this question, but the agency was12070able to complete a number of rulemakings after passage of the law.1207112072    Question 2. Do you support the funding for staff resources and12073capacity for NHTSA in the Bipartisan Infrastructure Law?12074    Answer. The resources from the Bipartisan Infrastructure Law12075provided a significant plus up for vehicle and behavioral safety12076research. If confirmed, I will ensure the agency delivers on its12077mission.1207812079    Question 3. Will you commit to maintaining NHTSA's workforce that12080has proven so critical for safety?12081    Answer. Since I'm not yet at the agency, I'm not aware of how12082NHTSA's staff is allocated amongst the various divisions, nor how12083workstreams are currently staffed. If confirmed, I would seek to ensure12084that the agency has sufficient staffing to accomplish its mission.12085NHTSA Hot Cars12086    Question 1. The Bipartisan Infrastructure Law directed NHTSA to12087issue rulemaking on child safety requiring cars to have a rear seat12088detector to help prevent children from dying in overheated vehicles.12089Will you commit to advancing this rule if confirmed?12090    Answer. If confirmed, I will be briefed on the status of this12091rulemaking and any research necessary to provide a foundation necessary12092for rulemaking. I would also ensure that staff continues to work on the12093rulemaking.12094                                 ______1209512096    Response to Written Questions Submitted by Hon. Jerry Moran to12097                              Paul Roberti12098    Question 1. Next to agriculture, the aviation industry is central12099to the Kansas economy.12100    As the Aviation Subcommittee Chair, I've seen how FAA's information12101sharing systems have proven to be successful at encouraging12102collaboration between stakeholders. I've worked with the Commerce12103Committee to establish a similar mechanism at PHMSA to accelerate12104pipeline monitoring and raise safety standards.12105    How does voluntary information sharing among natural gas12106infrastructure operators enhance safety, security, efficiency, and12107regulatory compliance?12108    Answer. When operators see broader trends beyond their own12109networks, they can act more quickly on indicators of failure and12110collaborate to address shared vulnerabilities. Shared data can be12111analyzed to identify high-risk assets or regions, benchmark performance12112against peers, identify best practices, and develop new technologies.12113If properly implemented with the information protections needed to12114ensure operator participation, a successful Voluntary Information-12115Sharing program could serve as a trusted repository of high-volume,12116high-quality data and information that would advance pipeline safety12117and could lead to opportunities for reducing accidents and incidents,12118enhance safety management systems, and determine gaps in pipeline12119information to drive continuous improvement.1212012121    Question 2. Integral to the mission of the agency you are nominated12122to lead is coordination with other Federal departments and agencies and12123with states, localities, and industry stakeholders to deliver safe and12124efficient transportation networks.12125    How will you leverage relationships with state departments of12126transportation, metropolitan planning organizations, local governments,12127and other partners to navigate diverse transportation safety needs12128while upholding a uniform standard of safety throughout the country?12129    Answer. As a former state Public Utility Commissioner in Rhode12130Island, I know first-hand how important Federal, state, and local12131government cooperation is to enhance safety and ensure resources are12132being leveraged appropriately to protect the traveling public. As12133Administrator, I will continue to leverage the partnerships PHMSA has12134developed with these important stakeholders to ensure the safe movement12135of hazardous materials and energy products in all states and12136localities.12137                                 ______1213812139      Response to Written Questions Submitted by Hon. Ted Budd to12140                              Paul Roberti12141    Question 1. As we think about the lessons learned post-COVID about12142the importance of just in time deliveries, I am excited about the12143prospect of package delivery by drones. Drone deliveries bring a lot of12144advantages because they can travel as the crow flies and enable12145deliveries in less than 30 minutes. However, there are items that12146consumers seek to have delivered--like hand sanitizer, nail polish or12147small lithium ion batteries--are classified as hazardous materials12148creating issues delivering these items via drone. These small12149commercial items classified as hazardous materials are regularly12150carried onto airplanes in purses, backpacks and carry-on luggage, but12151PHMSA regulations create significant issues when these same items are12152delivered by drone. Section 933 of the FAA Reauthorization Act of 202412153required PHMSA to develop a risk-based approach to allow drones to12154deliver certain small commercial items classified as hazardous12155materials by drone by November 12, 2024. While some progress has been12156made, PHMSA has not yet established such a risk-based approval process12157that can enable common small commercial items to be delivered by drone.12158    Mr. Roberti, if confirmed, would you ensure that PHMSA meets the12159obligation under the FAA Reauthorization Act to establish a risk-based12160approach for small commercial items classified as hazardous materials12161required by Section 933 of the FAA Reauthorization Act of 2024?12162    Answer. Yes. On August 22, 2024, PHMSA and the FAA hosted a public12163meeting to solicit comments from stakeholders on ideas for establishing12164a risk-based approach for small commercial items classified as12165hazardous materials as required by Section 933 of the FAA12166Reauthorization Act of 2024. If confirmed, I am committed to taking the12167next steps to follow the law and implement this Congressional mandate.1216812169    Question 2. I have concerns that over the past few years, PHMSA12170(pronounced FIM-zuh) has moved away from pipeline safety toward climate12171activism and environmental regulation. Pipelines are essential to12172American energy security, and if we do not have the necessary12173infrastructure to deliver oil and natural gas from producers to the end12174user, our energy security is at risk. Do you agree it is critical to12175maintain PHMSA's focus on safety regulation rather than environmental12176activism?12177    Answer. Yes. If confirmed, safety will be my top priority as12178Administrator.12179                                 ______1218012181   Response to Written Questions Submitted by Hon. Maria Cantwell to12182                              Paul Roberti12183Federal Workforce Staffing Cuts12184    In May, the Department of Transportation paused its planned12185reductions in force due to ongoing litigation. On July 8, the Supreme12186Court allowed the Administration to move forward with widespread12187firings. There is now uncertainty about what actions DOT plans to take.12188Meanwhile, 13.1 percent of Pipeline and Hazardous Materials Safety12189Administration (PHMSA) employees have already left the agency through12190the deferred resignation program.1219112192    Question 1. Yes or No: Do you oppose a reduction-in-force at PHMSA,12193particularly when the agency has already lost over 13 percent of its12194workforce?12195    Answer. I am not currently at the agency or informed about its12196workforce needs, but, if confirmed, I will advocate for PHMSA to have12197the resources it needs to fulfill its critical safety mission.1219812199    Question 2. Are you concerned that widespread departures may be12200contributing to the decline in enforcement actions?12201    Answer. I understand the agency announced changes to its12202enforcement process in May and has brought numerous enforcement actions12203since then. A strong enforcement program will be a priority for me if12204confirmed.12205Compliance with PHMSA Rulemaking Transparency Requirements12206    Congress required PHMSA to provide monthly updates on its progress12207in implementing congressionally mandated pipeline safety requirements.12208This is critical information needed to hold an agency accountable for12209completing Congressional mandates, some of which data back to 2011.12210However, we have not received a status update since January 2025.1221112212    Question 1. During your tenure at PHMSA the agency provided timely12213updates on the implementation of Federal law. Yes or No: Do you believe12214it is acceptable that current agency leadership has failed to keep12215Congress informed?12216    Answer. I am not currently at the agency, but, if confirmed, I will12217prioritize receiving an update on the status of these reports.1221812219    Question 2. If confirmed, will you commit to providing the monthly12220updates that Congress requires?12221    Answer. If confirmed, I am committed to following the law.12222Continuing Pipeline Safety Trust Funding12223    The Pipeline Safety Trust was created in the aftermath of the12224Olympic Pipeline explosion that killed three kids in Bellingham,12225Washington. The trust works to ensure that other families in12226communities around the country do not have to face similar tragedies.1222712228    Question 1. The Trust currently receives grant funding to ensure12229communities understand the unique risks that pipelines pose to them so12230that they can adequately prepare. Do you think this kind of public12231education is important?12232    Answer. Congress created the Technical Assistance Grant program to12233provide funding to educate the public. If confirmed, I will follow the12234law.1223512236    Question 2. Do you support continuing the Pipeline Safety Trust's12237educational efforts?12238    Answer. I am not currently at the agency or familiar with the12239details of the Pipeline Safety Trust's recent educational efforts, but12240I look forward to getting up to speed on all PHMSA grant programs if12241confirmed.12242Safer Rail Tank Cars12243    The National Transportation Safety Board has repeatedly found that12244DOT-111 tank cars do not perform well in derailments. The Board has12245recommended that these tank cars be phased out for the transportation12246of all hazardous materials and replaced with stronger DOT-117 tank12247cars, which have a much better track record of preventing spills during12248derailments.1224912250    Question 1. Do you agree that we should phase out DOT-111 tank cars12251for the transportation of all hazardous materials?12252    Answer. Congress mandated that DOT-111 tank cars be phased out by122532029 as part of the FAST Act. If confirmed, I am committed to following12254the law.12255Improving Emergency Response Preparedness and Training12256    Just this month in Glendora, Mississippi, 12 fire departments and1225750 fire trucks fought a fire caused by a train derailment for over 1212258hours. The fire was not extinguished until Canadian National Railroad12259was able to bring specialized firefighting foam to the scene.1226012261    Question 1. Do you believe we should reform PHMSA's existing12262hazardous materials emergency response grant programs to ensure that12263firefighters--like those in Glendora and East Palestine--can obtain the12264training and equipment they need to respond more effectively to12265hazardous materials incidents?12266    Answer. PHMSA's Hazardous Materials Emergency Preparedness grants12267support important work. If confirmed, I am committed to working with12268the emergency response community to identify and implement changes that12269could make the program more effective.1227012271    Question 2. What more can we do to ensure that railroads are12272providing first responders with the information they need to adequately12273prepare for these kinds of emergencies?12274    Answer. If confirmed, I will prioritize ensuring effective12275implementation of PHMSA's recent regulation requiring railroads to12276maintain real-time train consist information and provide that12277information to first responders if an incident occurs. I will also work12278with the emergency response community to solicit additional thoughts12279about what they need to prepare for these emergencies.12280                                 ______1228112282   Response to Written Questions Submitted by Hon. Edward Markey to12283                              Paul Roberti12284Enforcement12285    Question 1. Pipeline enforcement cases have fallen by more than12286two-thirds so far this Administration. Do you commit to reversing this12287trend and ensuring that enforcement actions continue?12288    Answer. I understand the agency announced changes to its12289enforcement process in May and has brought forth numerous enforcement12290actions since then. A strong enforcement program will be a priority for12291me if confirmed.1229212293    Question 2. How do you plan to ensure that pipeline operators are12294held accountable for regulatory violations?12295    Answer. PHMSA implements a comprehensive oversight program that12296involves rigorous inspections, robust enforcement, and the issuance of12297pipeline safety policies and regulations. As Chief Counsel, I oversaw12298cases with record setting civil penalties for the agency and12299prioritized swift resolution of enforcement actions. If confirmed, I12300will bring that same commitment to my role as Administrator.12301Staffing Cuts12302    PHMSA has always struggled with insufficient staffing to carry out12303its mandates on pipeline safety. To make matters worse, in recent12304months, 20 percent of the agency's staff has departed. For example, the12305Community Liaisons--which were already understaffed with only a dozen12306FTEs covering the entire nation--are reportedly down to a team of three12307people.1230812309    Question 1. Do you believe reductions in staffing can affect12310safety, inspections, and community outreach?12311    Answer. I am not currently at the agency and am not aware of any12312recent staffing changes that would negatively impact PHMSA's ability to12313successfully advance its safety mission.1231412315    Question 2. What specific steps will you take to rebuild PHMSA's12316workforce?12317    Answer. I am not currently at the agency or informed about its12318workforce needs, but, if confirmed, I will advocate for PHMSA to have12319the resources it needs to fulfill its critical safety mission.1232012321    Question 3. Do you believe community outreach is an important12322component of PHMSA's work?12323    Answer. Yes.1232412325    Question 4. Will you commit to fully staff the Public Engagement12326Division12327    Answer. I am not currently at the agency or informed about its12328workforce needs, but, if confirmed, I will advocate for PHMSA to have12329the resources it needs to fulfill its critical safety mission.12330Liquid Natural Gas12331    PHMSA's existing liquefied natural gas (LNG) safety regulations are12332out of date; they have not been substantially updated in more than two12333decades and come from an era before the rapid proliferation of massive12334U.S. LNG export terminals. This regulatory gap is especially concerning12335given the flammable and explosive nature of LNG and the proximity of12336many facilities to communities. After two Congressional mandates in123372016 and 2020 to update LNG safety regulations, PHMSA recently12338published an advanced notice of proposed rulemaking on the topic.1233912340    Question 1. How do you plan to seek input from community members12341near LNG facilities? Please include how you will ensure physical and12342virtual accessibility, as well as transparency for community members.12343    Answer. I am not currently at the agency or informed about its12344plans for seeking input from community members on its open rulemaking12345proceedings.12346Draft Carbon Dioxide Rule12347    Last Congress, I introduced a bill to improve pipeline12348accountability, safety, and environmental standards. Amongst multiple12349other priorities, my bill would finalize regulations on carbon dioxide12350pipelines to avoid future disasters like the one that devastated12351Satartia, Mississippi.1235212353    Question 1. Will you commit to finalizing the draft carbon dioxide12354pipeline rule, which PHMSA proposed in January of this year?12355    Answer. A draft rule was withdrawn from the Federal Register in12356January and is currently under review. I am not currently at the agency12357or familiar with the status of that review.1235812359    Question 2. If yes, by when would you ensure the rule is finalized?12360    Answer. The agency has multiple open rulemaking actions in12361progress. If confirmed, I will prioritize getting up to speed on the12362expected timeline for all agency rulemakings.1236312364    Question 3. If not, please explain why you do not support a rule to12365improve safety on this technology, particularly as it expands12366throughout the country.12367    Answer. Congress mandated that PHMSA complete a gaseous carbon12368dioxide pipeline safety rulemaking. If confirmed, I am committed to12369implementing congressional mandates.12370                                 ______1237112372    Response to Written Questions Submitted by Hon. Gary Peters to12373                              Paul Roberti12374    Question 1. Mr. Roberti, in your written testimony you mention12375``constant vigilance'' as a key to ensuring pipeline safety. I12376wholeheartedly agree. However, ``constant vigilance'' isn't possible12377without proper staffing.12378    PHMSA is a relatively small agency that has faced hiring and12379retention challenges for several years. That's why the PIPES Act of123802020--which was signed into law by President Trump--included a mandate12381for PHMSA to hire 20 percent more pipeline inspectors in the succeeding12382three years.12383    Unfortunately, since the creation of DOGE, PHMSA employees have12384been encouraged to leave the agency, and many have. Some estimates12385suggest as much as 20 percent of the agency has left just in the first12386few months of this Administration.12387    PHMSA is not an agency I want to have spread thin. The stakes are12388just too high.12389    So, Mr. Roberti, can you speak to the importance of proper staffing12390levels at PHMSA to ensuring pipeline safety? As Administrator, will you12391work to ensure that PHMSA is properly staffed and, specifically, that12392the staffing levels outlined in the 2020 PIPES Act are met?12393    Answer. I am not currently at the agency or informed about its12394workforce needs, but, if confirmed, I will advocate for PHMSA to have12395the resources it needs to fulfill its critical safety mission.1239612397    Question 2. Currently, state utility commissions and state pipeline12398inspectors oversee about 85 percent of the Nation's pipeline12399infrastructure. This federal/state partnership is critical, as our12400state inspectors are intimately familiar with local pipeline operations12401and their work can lead to more thorough and more frequent inspections12402than what PHMSA alone could provide. Recognizing the important role our12403states play in ensuring pipeline safety, in 2024, Congress boosted12404funding for state pipeline inspection programs to the tune of roughly1240530 percent.12406    Mr. Roberti, do you support continuing to fund state pipeline12407inspection programs at the levels envisioned by Congress--at up to 8012408percent of their costs--so that states have the tools to oversee12409pipeline safety and environmental protection?12410    Answer. States are critical partners for the agency. If confirmed,12411I will advocate for PHMSA to have the resources it needs to fulfill its12412critical safety mission.12413                                 ______1241412415   Response to Written Questions Submitted by Hon. Ben Ray Lujan to12416                              Paul Roberti12417    Question 1. PHMSA has been tasked with drafting leak detection and12418repair standards for gas pipelines by Congress and signed by President12419Trump in 2020. PHMSA drafted a final rule that received broad support12420last year, but was withdrawn.12421    What timeline will you commit to ensuring PHMSA complies with this12422legislative mandate and what are your views on the withdrawn rule?12423    Answer. A draft rule was withdrawn from the Federal Register in12424January and is under review. I am not currently at the agency or12425familiar with the status of that review.1242612427    Question 2. PHMSA has had an unprecedented drop in enforcement over12428the past few months.12429    What are your plans to ensure that pipeline operators are held12430accountable for regulatory violations?12431    Answer. PHMSA implements a comprehensive oversight program that12432involves rigorous inspections, robust enforcement, and the issuance of12433pipeline safety policies and regulations. As Chief Counsel, I oversaw12434cases with record setting civil penalties for the agency and12435prioritized swift resolution of enforcement actions. If confirmed, I12436will bring that same commitment to my role as Administrator.1243712438    Question 3. Most of PHMSA's leadership team has left the agency in12439recent months. Other departments have been hit especially hard with12440retirements as well. For example, the Community Liaisons have12441apparently gone from 13 to 3.1244212443    (a) Do you believe the reduced staffing and leadership levels at12444PHMSA will impact safety?12445    Answer. During my time as Chief Counsel, I worked with many of the12446PHMSA leaders currently serving in an acting capacity at the agency and12447I am confident its safety mission is in good hands.1244812449    (b) If so, what specific steps will you take to rebuild PHMSA's12450institutional knowledge and leadership capacity?12451    Answer. I am not currently at the agency or informed about its12452workforce needs, but, if confirmed, I will advocate for PHMSA to have12453the resources it needs to fulfill its critical safety mission.1245412455    (c) How will you ensure communities have adequate access to12456pipeline safety information and emergency response coordination?12457    Answer. PHMSA administers multiple programs that support community12458access to pipeline safety information as well as emergency response12459coordination. If confirmed, I look forward to supporting that work.12460                                 ______1246112462Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to1246312464                              Paul Roberti12465PHMSA and Train Derailments12466    Question 1. There has been some discussion about renewing a12467proposal from the first Trump Administration that would allow for the12468transport of Liquified Natural Gas by tanker rail cars without any12469restrictions on train routes, nor the number of tanker cars allowed on12470a particular train. The National Transportation Safety Board and the12471National Association of State Fire Marshall have previously objected to12472this proposal.12473    As the nominee for PHMSA Administrator, can you share your thoughts12474on renewing this proposal? And will you be pursing this proposal?12475    Answer. In June, PHMSA updated its Hazardous Materials Regulations12476to restore them to the version that existed prior to the effective date12477of the LNG by Rail Rule (August 24, 2020) that was overturned by the DC12478Circuit Court of Appeals earlier this year. I am not aware of any plans12479to revisit that rulemaking.1248012481    Question 2. Safety concerns have only increased following recent12482tanker rail car derailments, including one last month in Bear,12483Delaware, carrying crude oil--thankfully, no one was hurt.12484    Can you discuss the vulnerabilities of switching to tanker rail12485cars as opposed to approved UN portable tanks that PHMSA has12486historically required?12487    Answer. PHMSA regulations have long allowed both rail tank cars and12488UN portable tanks as safe, approved packages for transportation of12489crude oil. Under PHMSA regulations, the shipper of hazardous materials12490identifies which is appropriate for their needs.12491PHMSA and Technology12492    Question 1. As you know, pipelines require continuous monitoring12493and inspections to protect public safety and prevent pipeline system12494failures and leaks.12495    As Administrator, how will you incorporate technology innovation12496into pipeline management?12497    Answer. PHMSA's research and development program has invested12498millions of dollars in support of new technologies to improve pipeline12499safety. These investments have led to many patent applications and new12500technologies entering the market. As Administrator, I will ensure the12501continued effectiveness of PHMSA's research and development program,12502advance new and updated regulations that encourage innovation and12503account for technological advancements, and encourage pipeline12504operators to continue making their own investments in technology to12505improve performance.1250612507                              [all]

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Source: congress.gov · LC75621