[Senate Hearing 115-881]
[From the U.S. Government Publishing Office]
S. Hrg. 115-881
NOMINATIONS TO THE AMTRAK BOARD OF
DIRECTORS, THE NATIONAL TRANSPORTATION
SAFETY BOARD (NTSB), AND THE NATIONAL
HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
MAY 16, 2018
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT
Available online: http://www.govinfo.gov
_______
U.S. GOVERNMENT PUBLISHING OFFICE
57-803 PDF WASHINGTON : 2024
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
JOHN THUNE, South Dakota, Chairman
ROGER WICKER, Mississippi BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES INHOFE, Oklahoma GARY PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MAGGIE HASSAN, New Hampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Renae Black, Senior Counsel
C O N T E N T S
----------
Page
Hearing held on May 16, 2018..................................... 1
Statement of Senator Thune....................................... 1
Support statement dated April 6, 2018 from Chairman Bob Latta 81
Support statement dated April 6, 2018 from the National
Safety Council............................................. 81
Support statement dated April 6, 2018 from the Governors
Highway Safety Association................................. 82
Support letter dated May 9, 2018 to Hon. John Thune and Hon.
Bill Nelson from Torine Creppy, President, Safe Kids
Worldwide.................................................. 83
Statement of Senator Nelson...................................... 2
Prepared statement........................................... 3
Statement of Senator Blumenthal.................................. 15
Statement of Senator Inhofe...................................... 34
Statement of Senator Wicker...................................... 37
Statement of Senator Moran....................................... 39
Railway Age op-ed dated May 10, 2018 entitled ``Amtrak: Where
is the public input? Where is the transparency?'' by Joseph
A. Boardman................................................ 41
Statement of Senator Peters...................................... 42
Statement of Senator Cortez Masto................................ 47
Statement of Senator Hassan...................................... 48
Statement of Senator Gardner..................................... 50
Letter dated October 13, 2017 to Bill Sauble, Chairman,
Colfax County Commission, from William N. Feidt, Executive
Vice President, Chief Financial Officer, National Railroad
Passenger Corporation (Amtrak)............................. 51
Letter dated May 9, 2018 to Hon. Jeff Denham, Hon. Michael
Capuano, Hon. Deborah Fischer, Hon. Gary Peters from Jim
Matthews, President and CEO, Rail Passengers Association... 53
Statement of Senator Cantwell.................................... 59
Letter dated May 15, 2018 to Hon. John Thune and Hon. Bill
Nelson from Hon. Frank Palone, Jr. and Hon. Jan Schakowsky,
U.S. House of Representatives.............................. 61
Letter dated April 12, 2018 to Heidi King, Deputy
Administrator, National Highway Traffic Safety
Administration from Hon. Robert E. Latta, Chairman,
Subcommittee on Digital Commerce and Consumer Protection,
U.S. House of Representatives.............................. 63
Prepared statement of Representative Michael E. Capuano...... 74
Statement of Senator Klobuchar................................... 76
Witnesses
Hon. Tom Rooney, U.S. Representative from Florida................ 4
Joseph Gruters, Nominee to be a Member, Amtrak Board of Directors 5
Prepared statement........................................... 7
Biographical information..................................... 8
Jennifer L. Homendy, Nominee to be a Member, National
Transportation Safety Board (NTSB)............................. 15
Prepared statement........................................... 17
Biographical information..................................... 19
Heidi King, Nominee to be Administrator, National Highway Traffic
Safety Administration (NHTSA).................................. 26
Prepared statement........................................... 28
Biographical information..................................... 29
Appendix
Support letter dated May 15, 2018 to Hon. John Thune from Candace
Lightner, Founder MADD, President, We Save Lives and Ed Wood,
Founder, DUID Victim Voices.................................... 85
Opposition letter dated May 14, 2018 to Chairman John Thune and
Ranking Member Bill Nelson from Jason Levine, Executive
Director, The Center for Auto Safety........................... 86
Opposition letter dated May 14, 2018 from the Center for Auto
Safety, Center for Biological Diversity, Conservation Law
Foundation, League of Conservation Voters, Moms Clean Air
Force, Plug In America, Safe Climate Campaign, Union of
Concerned Scientists, Voices for Progress and Public Citizen... 89
Opposition letter dated May 21, 2018 from the Center for
Biological Diversity, Climate Hawks Vote, League of
Conservation Voters, Plug in America, Safe Climate Campaign,
Sierra Club, Union of Concerned Scientists and Voices for
Progress....................................................... 91
Response to written questions submitted to Joseph Gruters by:
Hon. Richard Blumenthal...................................... 93
Hon. Tom Udall............................................... 94
Hon. Tammy Baldwin........................................... 94
Hon. Catherine Cortez Masto.................................. 94
Hon. Jon Tester.............................................. 95
Response to written questions submitted to Jennifer L. Homendy
by:
Hon. Dan Sullivan............................................ 96
Hon. Dean Heller............................................. 96
Hon. Bill Nelson............................................. 97
Hon. Richard Blumenthal...................................... 97
Hon. Catherine Cortez Masto.................................. 98
Response to written questions submitted to Heidi King by:
Hon. John Thune.............................................. 99
Hon. Roger F. Wicker......................................... 100
Hon. Dan Sullivan............................................ 101
Hon. Dean Heller............................................. 102
Hon. Todd Young.............................................. 102
Hon. Bill Nelson............................................. 104
Hon. Maria Cantwell.......................................... 106
Hon. Richard Blumenthal...................................... 108
Hon. Edward Markey........................................... 114
Hon. Tom Udall............................................... 117
Hon. Tammy Duckworth......................................... 119
Hon. Catherine Cortez Masto.................................. 120
Hon. Jon Tester.............................................. 121
NOMINATIONS TO THE AMTRAK BOARD
OF DIRECTORS, THE NATIONAL
TRANSPORTATION SAFETY BOARD (NTSB),
AND THE NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION (NHTSA)
----------
WEDNESDAY, MAY 16, 2018
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m. in
room SR-253, Russell Senate Office Building, Hon. John Thune,
Chairman of the Committee, presiding.
Present: Senators Thune [presiding], Nelson, Blumenthal,
Inhofe, Wicker, Moran, Peters, Cortez Masto, Hassan, Gardner,
Cantwell, and Klobuchar.
OPENING STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
The Chairman. Good morning. We have three well-qualified
nominees before the Committee today. Joseph Gruters, who has
been nominated to the Amtrak Board of Directors; Jennifer
Homendy, nominated to be a National Transportation Safety Board
Member; and Heidi King, nominated to be the Administrator of
the National Highway Traffic Safety Administration.
Thank you to you and to your families for your willingness
to serve. If confirmed, each of you will have an opportunity to
improve our Nation's transportation system and bring your
considerable expertise and leadership to your respective
agencies.
Amtrak is the Nation's principal intercity passenger rail
service. Recent Amtrak collisions and derailments have
underscored the importance of implementing positive train
control quickly, safely, and effectively.
While the statutory deadline for PTC implementation is a
little over 7 months away, recent reports indicate that many
railroads will be unable to fully meet this deadline.
PTC implementation must be a priority for Amtrak and the
freight and commuter railroads that operate over its
infrastructure.
As I said before, railroads should not count on any
extensions to the statutory framework Congress passed in 2015.
Mr. Gruters has been nominated to fill the eighth and final
position on the Amtrak Board of Directors. He currently works
as a certified public accountant and I believe his experience
and qualifications will be an asset to the Board, if confirmed.
Jennifer Homendy is familiar to many of us here on the
Committee as she currently serves as the Democratic Staff
Director on the Subcommittee on Railroads, Pipelines, and
Hazardous Materials on the U.S. House of Representatives
Transportation and Infrastructure Committee, a position that
she's held for the past 14 years.
Ms. Homendy's substantial experience in surface
transportation will be valuable to the NTSB's efforts to
investigate cases related to these modes.
Finally, Heidi King currently serves as the Acting
Administrator of NHTSA, where she has worked since September of
2017.
Ms. King has substantial experience in both the public and
private sector, managing large organizations and prioritizing a
data-driven approach to management.
Since taking on her role as Acting Administrator of NHTSA,
she has demonstrated leadership and innovation in executing the
agency's important mandate of improving highway safety, and I'm
pleased that she has been nominated to head this important
agency.
If confirmed, she will be responsible for overseeing
numerous issues this committee has grappled with in the past
few years, ranging from the Takata air bag recall to policies
governing the development and deployment of automated vehicles.
All of the nominees on today's agenda are well qualified
for their positions and, again, I will seek to confirm them as
quickly as we can.
With that, I will turn to Ranking Member Nelson for his
opening statement.
Senator Nelson.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Thank you, Mr. Chairman.
As you have outlined, along with the three nominees, we are
also very privileged to have Congressman Rooney here to
introduce State Representative Gruters, the nominee for Amtrak.
Heidi King has been nominated to serve as the Administrator
of NHTSA, which needs to be on the front lines of detecting
serious vehicle safety defects and issuing recalls. This has
been an area that has been lacking for NHTSA.
For years, NHTSA has struggled with the Takata air bag
recalls and we just had another example of that. A report done
by the Minority Staff on this Committee, issued just last
Friday, shows that there are still 1.3 million vehicles out
there with those defective Takata air bags which are nothing
more than ticking time bombs.
Just in the state of Florida, three people are dead, 83
people are injured, as a result of these defective Takata air
bags and that's just one state. NHTSA has really not put the
plan together for how we are going to get these additional 1.3
million vehicles that are out there on the road so their air
bag can be replaced.
I hope Ms. King will provide a detailed plan on how she
will demand accountability from those involved in the Takata
fiasco and finally implement a real strategy to help drivers
get safe air bags in their vehicles.
And by the way, just to give you a magnitude of the
problem, this is around 40 million vehicles worldwide with
these Takata air bags in them and in the U.S., of those that
have been replaced, there are still 1.3 million left. And it
has already been two or three years that we've been doing this.
Obviously NHTSA needs to do more to increase highway
safety, including truck safety. For example, under-ride guards
on trucks so that cars don't slide underneath the trucks during
collisions. The addition of this safety shield could have
helped save the lives of many, including Lois Durso's daughter
Roya. Lois is here with us today, along with other tireless
advocates.
Lois, would you raise your hand, please? Thank you for
being here.
And I hope Ms. King is going to have some answers for the
Durso family on that issue.
The National Transportation Safety Board is another very
important independent agency, as you've said, Mr. Chairman. It
investigates transportation accidents and promotes safety and,
unfortunately, tragic accidents happen.
We know all too well, each of us on this committee, in our
states. In Florida, whether it was the sinking of the El Faro
in the hurricane, the collapse of the Florida International
University Pedestrian Bridge, or the recent Tesla crash,
families of victims rely on that administrative agency to
thoroughly investigate these accidents.
Ms. Homendy, if you're confirmed and I certainly hope you
are, we are going to rely on you.
For Representative Gruters, I hope you agree that Amtrak
really continues to be critically important to the country and
also to Florida.
We have in Florida a reliable, on-time, long-distance
service to the state. We could increase it so much more,
especially the line coming across from New Orleans as well as
restarting that line to Jacksonville and down to Orlando. I can
tell you those towns along the road in the Panhandle, they
desperately want that service that was cut off after Hurricane
Katrina. They want it restored.
So, Mr. Chairman, thank you for having this hearing today.
[The prepared statement of Senator Nelson follows:]
Prepared Statement of Hon. Bill Nelson, U.S. Senator from Florida
The three nominees before the committee today have been nominated
for positions critical to safety, on the roads, the rails and in the
sky.
Ms. Heidi King has been nominated to serve as the administrator of
the National Highway Traffic Safety Administration (or ``NHTSA'').
NHTSA needs to be on the front lines of detecting serious vehicle
safety defects and issuing recalls.
And this, quite frankly, is an area where NHTSA has failed.
For years, NHTSA has struggled with the Takata airbag inflator
recalls.
Recall completion rates have lagged, and the death and injury toll
continues to rise--particularly in my home state of Florida.
During today's hearing, I hope Ms. King will provide a detailed
plan on how she will demand accountability from those involved in the
Takata fiasco and finally implement a real strategy to help drivers get
safe airbags in their vehicles as soon as possible.
NHTSA also needs to do more to increase highway safety, including
truck safety.
One way to do this is to have more use of underride guards on
trucks so that cars don't slide underneath during collisions.
The addition of this safety shield could have helped saved the
lives of many, including Lois Durso's daughter Roya. Lois is here
today, along with other tireless advocates.
And I hope Ms. King has some answers for the Durso family on that
issue. They certainly deserve it.
The National Transportation Safety Board is another very important
independent agency that investigates transportation accidents and
promotes safety.
Unfortunately, tragic accidents happen. We know this all too well
in my home state of Florida.
Whether it was the sinking of the El Faro cargo ship, the collapse
of the Florida International University pedestrian bridge or the recent
Tesla crash, families of victims rely on the board to thoroughly
investigate these accidents.
Ms. Homendy, if you are confirmed, and I certainly hope you are, we
will rely on you.
Finally, Mr. Gruters, I hope you agree with that it is critically
important to Florida that Amtrak continues to be a strong and safe
agency.
For example, Florida relies on having reliable, on-time long-
distance service to the state. Currently, many towns along the Gulf
Coast are working to restore Amtrak service that was stopped after
Hurricane Katrina.
Following several deadly accidents over the last few years, safety
must also be a top priority at Amtrak.
Mr. Chairman, thank you again for holding this hearing. I now look
forward to hearing from the witnesses.
The Chairman. Thank you, Senator Nelson.
We do have a guest with us today, a colleague from the
other side of the Capitol, Congressman Tom Rooney, who
represents the Sarasota area of Florida, and he and I have a
shared constituency because a number of my constituents are at
least part-time residents of your district. When it gets cold
in South Dakota, everybody heads down to Florida.
So it's great to have you here and he's here to introduce
Mr. Gruters.
Representative Rooney, you're recognized.
STATEMENT OF HON. TOM ROONEY,
U.S. REPRESENTATIVE FROM FLORIDA
Mr. Rooney. Thank you, Mr. Chairman, Ranking Member Nelson.
Good morning. It's my privilege to introduce to this
Committee a respected community and political leader from
Florida's 17th District, Mr. Joe Gruters, who is seeking to
expand his service to our country as Director of the Amtrak
Board of Directors.
Joe Gruters is well qualified to provide the oversight and
leadership required of an Amtrak board member. I am confident
he will draw on his experience to help Amtrak provide safer and
more efficient service to the riding public as Amtrak moves
forward with improvements to its operations.
For the last 20 years, Joe has been working at the
grassroots level as both a party activist and a leader and is
also an active member of multiple community organizations and
local government boards.
Joe previously served as the Chairman of the Sarasota
County Planning Commission and served on the Executive Board
and as Treasurer of the Sarasota Humane Society.
He's also a member of the Board of Trustees for Florida
State University where he was Chairman of the Presidential
Compensation Committee as well as the Finance and Audit
Committee, which was responsible for an annual budget totaling
more than $1.7 billion.
Joe currently serves as an elected state legislator
representing Sarasota and Manatee Counties in the Florida
House. Through his service, Joe has established himself as a
leader who promotes policies that make Florida one of the best
places to live and work.
Joe currently works as a certified public accountant and is
a managing partner of Paoli & Gruters, Certified Public
Accountants, and, last but not least, Joe is a great family
man. He and his wife Sydney are raising three young children.
We are fortunate to have an appointment of Joe's caliber,
willing to step up and serve on the Amtrak Board, and President
Trump is fortunate to have somebody as respected and
accomplished as Joe accepting the call to serve, and with that,
Mr. Chairman, I yield back.
The Chairman. Thank you, Representative Rooney. We
appreciate your willingness to come over and voice your support
for this nominee.
And I'll ask the panel to come forward at this point. I
think Senator Blumenthal wanted to make an introduction, as
well, but he hasn't arrived yet. So we'll proceed. So if Mr.
Gruters and Ms. Homendy and Ms. King would please come forward,
we'll move forward.
We'll start on my left, your right, with Mr. Gruters, and
then proceed across, but welcome. Thank you again for your
willingness to serve, and we look forward to hearing what you
have to say and getting a chance to ask you some questions.
So, Mr. Gruters, please proceed.
STATEMENT OF JOSEPH GRUTERS, NOMINEE TO BE A MEMBER, AMTRAK
BOARD OF DIRECTORS
Mr. Gruters. Thank you, Chairman Thune, Ranking Member
Nelson, and Members of the Committee, for the opportunity to
appear before you as the President's Nominee to serve as a
Member of the Amtrak Board of Directors.
I also want to thank President Trump for the confidence he
has placed in me with this appointment. I would like to thank
Congressman Rooney for his willingness to introduce me and for
the kind words.
I also absolutely must thank my wife Sydney and my family.
Without their support and help, I would not be in this position
today.
For nearly a half a century, through good times and bad,
Amtrak has endeavored to be seen as a symbol of America's
ability to get around safely and quickly. I would like to be
part of the team that adds a third rail to this reputational
vocabulary economically.
Currently, I am a small business owner in Sarasota,
Florida, where I employ seven people in two different offices.
I have an MBA and work hard to help small and medium-sized
companies and their owners keep more of what they earn.
I work on both the tax and audit side of accounting and
have experience working on government audits. My experience and
background are grounded in making the numbers work where we try
to maximize investment by generating optimal results.
I believe Amtrak has the opportunity to do the same. Like
President Trump, I believe in the possible and am willing to
fight for it. I have been involved in public service and public
policy since I was in college at Florida State University.
I've long had a passion for pursuing good government,
efficient government, and accountable government. I have had
the opportunity to serve my community in state and numerous
positions, including as Chairman of the Sarasota County
Planning Commission, as a board member of the Florida Sports
Foundation, as treasurer of the Sarasota County Humane Society,
and as a state representative where I have served on the Joint
Auditing Committee, as well as the Commerce and numerous
subcommittees on the Commerce Committee.
And so I treasure the opportunity to put my experience and
passion to work on behalf of the Amtrak ridership and the
American people.
Amtrak's mission is delivering intercity transportation
with superior safety, customer service, and financial
excellence.
My time on governing boards of large government
institutions provide me with strong experience to start quickly
in this position. This experience includes serving as the
Finance and Audit Chairman while a Member of the Board of
Trustees of Florida State University. The annual budget
exceeded $1.7 billion and the university was ranked the most
efficient in the country while I was a Member of the Board and
Chairman of the Finance and Audit Committee.
I would like to bring this experience and a keen eye to the
Amtrak Board to ensure appropriate oversight.
I recognize the need to continue to improve Amtrak's
economic effectiveness, enhance the safety of our passenger
rail lines, maintain the modernization of our products, and to
continue to bolster our operational efficiencies.
For that, we need to ensure accountable management and
accountable control policies from the Board.
Safety will be my top priority as a Member of the Amtrak
Board of Directors. Tragic Amtrak accidents over the past
several months in South Carolina, Virginia, and Washington
State highlight the need for greater focus on safety.
I look forward to working with the Board of Directors and
Amtrak leadership on ways to strengthen the railroad safety,
particularly at rail grade crossings, across the network.
As a board member, I will work to support any and all
efforts to ensure that positive train control is fully
implemented on Amtrak by the deadline set forth by Congress. We
have some serious challenges ahead in ensuring the safest, most
reliable and efficient operations of Amtrak for the American
people.
I look forward to being able to utilize my experience in
government and the private sector to work on the Board to
ensure this happens.
I again want to thank President Trump for this opportunity
to serve and I'd like to thank this Committee for considering
my nomination.
Thank you, sir.
[The prepared statement and biographical information of Mr.
Gruters follow:]
Prepared Statement of Joe Gruters, Nominee to be a Member,
Amtrak Board of Directors
Thank you, Chairman Thune, Ranking Member Nelson, and members of
the Committee for the opportunity to appear before you as the
President's nominee to serve as a member of the Amtrak Board of
Directors. I also want to thank President Trump for the confidence he
has placed in me with this appointment and I would like to thank
Congressman Rooney for his willingness to introduce me and for the
kinds words.
I also absolutely must thank my wife, Sydney, and my family.
Without their support and help, I would not be in this position today.
For nearly half a century, through good times and bad, Amtrak has
endeavored to be seen as a symbol of America's ability to get around
safely and quickly.
I would like to be a part of the team that adds a ``third rail'' to
this reputational vocabulary: ``economically''.
Currently, I am a small business owner in Sarasota, Florida where I
employ 7 people in two different offices. I have an MBA and work hard
to help small and medium sized companies and their owners keep more of
what they earn. I work on both the tax and audit side of accounting and
have experience working on government audits. My experience and
background are grounded in making the numbers work, where we try to
maximize investment by generating optimal results.
I believe Amtrak has an opportunity to do the same.
Like President Trump, I believe in the possible, and am willing to
fight for it.
I have been involved in public service and public policy since I
was in college at Florida State University. I've long had a passion for
pursuing good government, efficient government, and accountable
government. I have had the opportunity to serve my community and state
in numerous positions including as Chairman of the Sarasota Planning
Commission, on the Board of the Florida Sports Foundation, as Treasurer
of the Sarasota County Humane Society, and as a State Representative
where I have served on the Joint Auditing Committee as well as the
Commerce and numerous Commerce subcommittees.
And so I treasure this opportunity to put my experience and passion
to work on behalf of the Amtrak ridership and the American people.
Amtrak's mission is ``Delivering intercity transportation with
superior safety, customer service and financial excellence.''
My time on governing boards of large, governmental institutions
provide me with strong experience to start quickly in this position.
This experience includes serving as the Finance and Audit Chairman
while a member of the Board of Trustees of Florida State University.
The annual budget exceeded $1.7 billion and the university was ranked
the most efficient in the country while I was a member of the Board and
Chairman of the Finance and Audit Committee. I would bring this
experience and a keen eye to the Amtrak Board to ensure appropriate
oversight.
I recognize the need to continue to improve Amtrak's economic
effectiveness, enhance the safety of our passenger rail lines, maintain
the modernization of our products and to continue to bolster our
operational efficiencies. For that, we need to ensure accountable
management and accounting controls policies from the Board.
Safety will be my top priority as a member of the Amtrak Board of
Directors. Tragic Amtrak accidents over the past several months in
South Carolina, Virginia, and Washington state highlight the need for a
greater focus on safety. I look forward to working with the Board of
Directors and Amtrak leadership on ways to strengthen the railroad's
safety, particularly at rail-grade crossings across the network.
As a Board Member, I will work to support any and all efforts to
ensure that Positive Train Control is fully implemented on Amtrak by
the deadlines set forth by Congress.
We have some serious challenges ahead in ensuring the safest, most
reliable, and efficient operations of Amtrak for the American people. I
look forward to being able to utilize my experience in government and
the private sector to work on the Board to ensure this happens.
I again want to thank President Trump for this opportunity to serve
the country. And I want to thank the committee for considering my
nomination.
______
a. biographical information
1. Name (Include any former names or nickname used):
Joseph Ryan Gruters
``Joe''
2. Position to which nominated: Amtrak Board of Directors.
3. Date of Nomination: February 5, 2018.
4. Address (List current place of residence and office addresses);
Residence: Information not released to the public.
Offices:
Sarasota CPA Office, 2953 Bee Ridge Rd, Sarasota FL 34241.
Venice CPA Office, 209 S. Nassau Dr #104, Venice, FL 34285.
Sarasota Legislative Office, 381 Interstate Blvd, Sarasota FL
34240.
Tallahassee Legislative Office, 1101 The Capitol, 402 South
Monroe St, Tallahassee FL 32399.
5. Date and Place of Birth: Tampa, FL; 07/06/1977.
6. Provide the name, position, and place of employment for your
spouse (ifmarried) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Sydney Spence Gruters--USDA Rural Development Director--Florida
& U.S. Virgin Islands.
7. List all college and graduate degrees. Provide year and school
attended.
University of South Florida--MBA + 5th Year of Accounting,
2002.
University of Costa Rica--MBA classes, 2002.
Florida State University--BS (Finance, Real Estate and Multi-
National Business Operations), 1999.
8. List all post-undergraduate employment and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
a. Paoli & Gruters CPA's--Sarasota, Florida (8/15 to present)
i. Managing Partner of multi office firm.
ii. Acquired and integrated staff and office of two different
firms over last 3 years.
b. State Representative--Sarasota, Florida District #73 (11/16 to
present)
i. Serves on the Joint Auditing Committee along with Commerce and
numerous business subcommittees.
ii. Won initial election with 65.1 percent of the vote.
iii. Received numerous recognitions and awards including being
named a Champion by the Orlando Sentinel for my work trying
to eliminate ``dark money''
c. Shinn & Company Certified Public Accountants-Sarasota, Florida
(1/10-7/15)
i. Managed and worked various projects in both attestation and non
attestation engagements including governmentaudits.
d. (YCOA) Yacht Clubs of the Americas--Fort Myers, Florida (12/06-2/
08)
i. Served as Executive Vice President and manager of home office
during development and construction of multi-location $400+
million-dollar project.
ii. Coordinated and managed task and staff to ensure timely
completion of projects on budget.
e. Vern Buchanan for Congress--Sarasota, Florida (5/06-12/06 & 2/08-
12/09)
i. Managed all aspects of campaign including staff; consultants
and budget.
ii. According to Politico Congressman Buchanan had the largest
head to head increase in victory margin.
f. Githler Development--Sarasota, F1orida (9/04-5/06)
i. Coordinated various entitlement and project management related
task for several developments.
ii. Created budgets and revenue projections for various projects.
g. Dr. Frank Schwerin for Congress--Naples Florida (2/04-9/04)
i. Coordinated all campaign activities for open congressional
seat.
ii. Organized and managed campaign staff and consultants.
h. Buchanan Enterprises--Sarasota, Florida (11/00-05/04)
i. Served in numerous government affairs and business roles for
Vern Buchanan and his various corporate entities.
ii. Assisted and Coordinated numerous projects and assignments as
Vern Buchanan's direct special assistant and project
manager.
9. Attach a copy of your resume.
A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
a. Florida State University, Board of Trustees Member (2010-2016).
i. Chairman--Audit and Business Committee.
ii. Chairman--Presidential Compensation Committee.
b. Sarasota County Planning Commissioner, Chairman (2004-2010).
c. Florida Sports Foundation, Commissioner (2008-2010).
d. Sarasota City Tax. Oversight Committee (2004-2008).
e. University of South Florida, Community Advisory Board (2014 to
present).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Paoli & Gruters CPA's--Officer (2015 to present).
SJE Realty, LLC--Officer (2016 to present).
AuditConfirm.com--Officer (2015 to present).
GGD1, LLC--Officer (2017 to present).
Florida State University, Board of Trustees (2010-2016).
State of Florida House of Representatives (2016 to present).
Harbour Point Real Estate--Officer (2006-2010).
Humane Society of Sarasota--Treasurer (2010-2014).
Republican Party of Sarasota--Chairman (2008 to present).
Republican Party of Florida--Vice Chairman (2014-2016).
Florida Right to Life--PAC Chairman (2007-2010).
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
A. Donald Trump for President
a. Co-Chair of Florida (2016)
B. Republican National Committee
a. Platform Committee (2016)
b. Co-Chairman of Restoring the American Dream
Committee (2016)
C. Republican Party of Florida
a. Member (2008-2018)
b. Vice Chairman (2014-2016)
D. Republican Party of Sarasota
a. Member (2000-2018)
b. Chairman (2008-2018)
E. Florida Institute of Certified Public Accounts
a. Member (2010-2018)
F. Sarasota Kiwaois Club
a. Member(2014-2017)
None of these organizations restrict membership on any of the basis
of sex, race, color, religion, national origin, age or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable forthat debt.
Yes
State House 1998, 2000 & 2016
Zero debt
State Senate 2018
Zero debt
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have heldwith, and services rendered to, a state or national
political party or election committee during the same period.
No Contributions have been made in the amount of $500 or more.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
a. Associated Industries of Florida--Champion of Business Award
(2018)
b. Florida Chamber of Commerce--Distinguished Service Award (2018)
c. Florida Crime Stoppers--Legislator of the Year Award (2018)
d. The American Society for the Prevention of Cruelty to Animals
(ASPCA)--Legislative Voice for Animals. (2018)
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
I have authored numerous guest columns and op-eds over the years
for our local papers.
a. Sarasota Herald Tribune--Gruters: County should not be pursuing a
tax increase (May 2017)
b. Sarasota Herald Tribune--Gruters: Invest in Jobs and Tourism
(March 7, 2017)
c. Not Published--Gov. Scott and Legislature right to defund Planned
Parenthood (April 2016)
d. Sarasota Herald Tribune--Gruters: Scott is right on Medicaid (May
12, 2015)
e. Observer Group Papers--Gruters: Forget the punditry, Rick Scott
matters because results matter (January 2015)
f. Sarasota Herald Tribune--Gruters: Best way to help the Mexican
People is to seal the Border (April 28, 2010)
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony. N/A.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I am honored to be selected for this position and hope that I can
be a productive and contributing member in providing the corporate
governance necessary to ensure Amtrak's long-term success. As a
business owner, a Certified Public Accountant 'and former Finance and
Audit Chair of a $1.7 Billion government entity, I am well equipped to
bring a business perspective that will be a valuable asset to the
board.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
My experience includes serving as the Finance and Audit Chairman
and as a member of the Board of Trustees of Florida State University.
The annual Budget exceeded $1.7 Billion and the University was ranked
the most efficient in the country while I was a member of the Board and
Chairman of the Finance and Audit Committee. I would bring this
experience and a keen eye to the Board to ensure appropriate management
and accounting controls.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
(1) Safety/Public Perception. Safety should always be a top
priority and would be for me. Numerous safety incidents in the news
have damaged the perception of Amtrak in the public eye, making safety
improvements a double priority. Amtrak recently hired a new Chief
Safety Officer reporting directly to the CEO and will lead Amtrak in
its implementation and operation of a Safety Management System. I'm
also aware of the importance of implementing Positive Train Control
(PTC), and I fully support and expect Amtrak to meet its obligations
consistent with the law. Safety must be the top priority, and I will
work to help achieve Amtrak's goal of being the safest railroad in
North America.
(2) Capital Funding. This is increasingly important for aging
assets and directly connects to safety issues. Much of Amtrak's
infrastructure and equipment are at or near the end of their useful
life and must soon be addressed. I am aware that Amtrak is looking at a
new fleet strategy plan aimed at improving, replacing and modernizing
locomotives and passenger cars. There are also serious infrastructure
needs, especially on the Northeast Corridor (NEC). According to the NEC
Commission, there is an approximate $40 billion state of good repair
backlog. This aging infrastructure already causes disruptions and costs
the economy in lost productivity while adding to passenger
frustrations. It is evident that sufficient long-term capital funding
should be made available to ensure continued support of passenger rail.
(3) Operational Efficiency. Amtrak's focus should be on maximizing
the transportation value it creates with the Federal dollars it
receives. To do this, the company needs to constantly grow revenue,
drive down costs and deliver excellent customer service--just like any
other business. One area of concern is the number of train delays, as I
know that delays make for unhappy customers, and unhappy customers make
for lost revenue as they seek alternative options.
Solid operational oversight can improve service and limit delays
for passengers. That being said, I know Amtrak's National Network is
dependent on their host railroads and their on-time performance is poor
and declining. For the issues where Amtrak is reliant on others for its
operating performance, I would look to working with ourpartners,
including Congress, to find the most appropriate solution. Amtrak is
doing what it can to be a responsible steward of taxpayer funding and
is continually looking for ways to maximize the benefit of the public
investments it receives. I am encouraged by the corporation's recent
progress in reducing its operating loss to historic levels, and I hope
that one day Amtrak can eliminate its operating loss completely.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I currently receive a salary from both the State of Florida and my
CPA firm Paoli & Gruters, CPA's. If confirmed plan on continuing
employment in both capacities.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
Yes, as listed above in question 1, I plan on continuing employment
as a CPA and if the voters allow as a member of the Florida
Legislature.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Governmental Ethics and Amtrak's Ethics Officials to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with Amtrak and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest
4. Describe any business relationship, dealing, or financial
transaction, which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constituteor result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Governmental Ethics and Amtrak's Ethics Officials to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with Amtrak and that has been
provided by this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administrationand execution of law or public policy.
As a local and statewide party leader I have advocated on behalf of
the Republican Party and conservative principles on numerous issues.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Governmental Ethics and Amtrak's Ethics Officials to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with Amtrak and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
i. Florida Board of Accountancy
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
i. Complaint filed against me in June, 2017.
c. Describe the citation, disciplinary action, complaint, or
personnel action;
i. Complaint was filed against me by client of firm purchased due
to actions of past owner.
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
i. Complaint was investigated and dismissed at probable cause
hearing and is not public record as it did not move forward
to Board for consideration.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. N/A.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Joseph Ryan Gruters
Education
University of South Florida--Tampa, Florida
Masters of Business Administration (December 2002)
Specializations: Finance, International Business, Management
Fifth Year of Accounting
University of Costa Rica--San Jose, Costa Rica
Completed graduate work during a summer semester (Summer
2002)
Florida Stare University--Tallahassee, Florida
Bachelors of Science (December 1999)
Triple Major: Finance, Real Estate, & Multi-National
Business Operation
Employment History
Paoli & Gruters CPA's, CPA--Owner, August 15 present
Manage firm and serve as trusted professional for numerous
businesses and families.
Purchased Paoli & Company and merged firms together.
Developed and currently marketing two computer applications
to Financial Institutions and CPA Firms.
Shinn & Company, CPA--Tax Manager, Jan 10-July 15
Prepare/Review Federal & State Returns
Prepare various special engagement projects for clients.
Vern Buchanan for Congress--Sarasota, Florida, Campaign Manager, Feb
08-Dec 09
Created and implemented strategy to increase win from 369
votes in 2006 to over 66,415 in 2008. Followingthe 2008
election, Congressional Quarterly reported that Buchanan had
the largest increase in victory margin in the entire country
Coordinated efforts of all Campaign Consultants, Volunteers
and Staff
YCOA--Fort Myers, Florida, Executive Vice President--Government
Relations and Operations, Dec 06-Feb 08
Coordinate entitlement activities for five projects.
Prepare Budgets and Pro-Forma's for current and potential
projects
Negotiate various contracts with contractors for various
aspects of project
Coordinate all information and project managers for five
projects being developed simultaneously.
Vern Buchanan for Congress--Sarasota, Florida, Political Director, May
06-Dec 06
Coordinated all ground game and field operations for open
congressional seat.
Coordinated efforts of 15 campaign staff members and
numerous volunteers.
Originally offered Campaign Manager position but came in May
to fill GAP in STAFF.
Githler Development--Sarasota, Florida, Project Manager/Coordinator,
Government Relations, Sep 04-May 06
Coordinated various entitlement and project management
related task for several developments.
Created budgets and revenue projections for various projects
and potential projects,
Responsible for finding, applying for and lobbying
successfully on behalf of a project to receive a $l00,000 grant
from government.
Dr. Frank Schwerin for Congress--Naples, Florida, Campaign Manager, Feb
04-Sep 04
Coordinated all campaign activities for open congressional
seat.
Organized and managed campaign staff and consultants.
Buchanan Automotive Group & Buchanan Enterprises--Sarasota, Florida,
Director of Governmental Affairs & Special Assistant to Vern
Buchanan, Oct. 00-May 04
Handled all Government Affairs and Community Relations
projects over a four year period full time and continued on as
Consultant for next 5 years.
Cardinal Mooney High School--Sarasota, Florida, Swim Coach, Fall 00-01
Richard Bass Real Estate Appraisals, Real Estate Appraiser, March 00-
Oct 00
Florida State University, Student Government Association, Director of
Student Lobbying, May 99-Dec 99
Community
Present
Florida House of Representatives
Elected in November 2016 representing Sarasota and
Manatee Counties to represent Florida's 73rd State House
District.
Leading the fight on economic development bills in
coordination with Governor Rick Scott.
Donald Trump for President Campaign.
Florida Co-Chairman
Recruited and organized all original County Grassroots
Chairman and was one of the lead press contacts in Florida
during primary. Continued as press surrogate throughout
genera] election and was the Master of Ceremonies in
majority of Florida events
Served as Co-Chairman of the Economy Jobs and Debt
Subcommittee at the Republican Convention and served as one
of two Trump Point people during full committee hearings.
One of 29 Electoral College Members
Florida State University, Board of Trustee (Appointed by
Governor Rick Scott)
Chairman, Finance and Audit Committee overseeing a
$1.6 Billion Dollar Budget
Former Chairman, Presidential Compensation Committee
Former Chairman, Student Affairs Committee
Former AD Search Committee Member
Republican Party of Florida, Vice Chairman
Chairman, Voter Turnout Committee
Former Chairman, Technology Committee
Former Chairman, 16th Congressional District Caucus
University of South Florida, Community Leadership Council
Sarasota Branch Member
Republican Executive Committee of Sarasota, Chairman
Extensive Media experience, regular appearances on
local and statewide television as well as source for
Political Stories throughout Florida
Hosted several of the largest political fundraisers
and rallies in Florida
Took top of ticket from 211 vote margin in 2008 to
15,385 votes in 2012 and to 26,422 votes in 2016. Led State
in AB return percentage
Past
Florida Right to Life PAC Chairman
Florida Sports Foundation Board Member (Appointed by
Governor)
Mitt Romney Florida Delegate, 2012 Republican National
Convention
Sarasota County Planning Commissioner, Chairman
Humane Society of Sarasota, Treasurer
City of Sarasota, Citizens Tax Oversight Committee
Conference Center Task Force, Finance Committee Chairman
Downtown Partnership of Sarasota, Board Member
Young Professionals Group, Board Member, Leadership Chairman
USTA Men's League Coordinator for Region #5, Florida
Greater Sertoma Club of Sarasota, Board Member
Young Republicans of Sarasota, President
Doubles for Deb, Board Member
Winefest--Uncorked, Board Member
Leadership Sarasota graduate
WLSS 930 AM Cardinal Mooney High School football color
commentator
USTA, Team Captain, Regional Champs Men's team 2001, 2002 &
2003, Mixed Team 2000, 2003 & 2005
Tomahawk Party, Founding Member and Nominee for Student
President at Florida State University
Florida State University Water Polo, Team Member
Cardinal Mooney H.S., Class President, Editor-in-Chief/
Newspaper, 14 Varsity Letters
The Chairman. Thank you, Mr. Gruters.
Ms. Homendy.
Senator Blumenthal. Mr. Chairman, I wonder if I might be
recognized to----
The Chairman. Senator Blumenthal for, yes, an introduction.
Senator Blumenthal. Thank you very much. I apologize for
being late but we have other committees meeting as often
happens.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. I'm very pleased to introduce Ms.
Jennifer Homendy, who currently serves as the Democratic Staff
Director for the Subcommittee on Railroads, Pipelines, and
Hazardous Materials for the Committee on Transportation and
Infrastructure in the House of Representatives.
Most important, Ms. Homendy was born in Connecticut. Her
family continues to live in Plainville, Farmington,
Southington, and New Britain area. Some of them may be here
today. I hope they are. We're very proud of all the great work
you've done, Ms. Homendy, particularly in the area of safety
and protecting consumers who use our transportation in the
United States.
You have been involved in oversight over the NTSB, which is
a vital safety agency, tasked with investigating major
accidents and providing recommendations to literally save
lives, and few Members of this Committee or perhaps the Senate
have become as familiar with the work of the NTSB as I and you
have been over the recent years.
I'm very proud of the safety expertise and background that
you will bring to the Board of the National Transportation
Safety Board and so I'm very honored to recommend you to the
Committee and introduce you today.
Thank you.
The Chairman. Thank you, Senator Blumenthal.
Ms. Homendy, please proceed.
STATEMENT OF JENNIFER L. HOMENDY, NOMINEE TO BE A MEMBER,
NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)
Ms. Homendy. Thank you, Chairman Thune, Ranking Member
Nelson, and Members of the Committee, and thank you, Senator
Blumenthal, for your kind words and for your unwavering
commitment to safety over the years.
Although Virginia is now my home, Connecticut will always
be where my heart lives.
It's an honor to be here today as you consider my
nomination to the NTSB. I'm extremely grateful to Senator
Schumer for recommending me, President Trump for nominating me,
and Ranking Members DeFazio and Capuano for their support and
for their faith in me and my work over the past 14 years on the
Transportation and Infrastructure Committee.
Before I begin, I'd like to introduce my family. My husband
Mike is my best friend and my biggest cheerleader and the most
amazing father to my 10-year-old daughter Alexandra, who may
very well appear before you one day as a NASA nominee, given
her excellent grades in math and science and obsession with
Star Wars and the National Air and Space Museum, or she will
work at Disney World. So either way, she is well on her way to
becoming your constituent, Senator Nelson.
Also joining me today are my parents, Sante and Nancy
Esposito, my brother Brian, my sister-in-law Danielle, and many
close friends and colleagues, including NTSB Member Wiener,
Member Dinh-Zarr, and many NTSB staff.
I'm here today because I believe strongly in public
service. My father spent his entire career as a public servant
in the House of Representatives, retiring in 1998. He and my
mother worked hard to instill in us the importance of serving
others, to serve God, and a strong conviction that the actions
of just one person can make a tremendous difference in the
world.
I believe those values are reflected in my work on the
Transportation Committee and how to explain why I'm so
passionate about safety.
In 1998, a pipeline explosion destroyed a home in South
Riding, Virginia, killing a mother of two. The NTSB
investigated the accident and determined that had an excess
flow valve been installed on the line, the explosion never
would have occurred. The NTSB had been pushing for excess flow
valves for nearly 30 years.
In 2006, you passed the PIPES Act and implemented that
recommendation. There is no doubt that your actions save lives
and I'm proud that I was one of the lead negotiators on that
bill and that 5 years later, you extended the requirement to
other facilities.
I believe the NTSB saves lives. The Board's work informs
decisionmaking of regulators and Congress. They help industries
identify deficiencies and make vital safety improvements, and
they provide hope to grieving families that something positive
will come from their tragic loss.
Over the past 14 years, I've listened closely as families
recount the tragedies they've experienced. I understand their
need for answers and their strong desire to find solutions to
prevent future accidents and loss of life.
I listened to Susan Connolly, Jed Miller, and the residents
of Baker Estates, a mobile home park in Battle Creek, Michigan.
They welcomed me into their homes and businesses after a major
oil pipeline ruptured and went undetected for 17 hours.
I listened to Vicky and Dennis Moore, whose 16-year-old son
died at a grade crossing accident in Ohio in 1995. It was a
passive crossing with no active warning devices, much like the
crossing where my father's cousin was killed in 1982.
I listened to Rebecca and Steven Seeling, who visited me
following the death of their son Chris in 2005. Chris was a
locomotive engineer who was killed along with eight others in a
PTC preventable chlorine accident in Graniteville, South
Carolina, and you listened, too.
Throughout the past 14 years, I've watched each of you move
legislation that makes significant strides in safety, often
closing longstanding NTSB recommendations that were issued in
response to these and other tragedies. Thank you so much for
allowing me to be part of that.
In closing, I'd like to take a moment to address the people
who made this possible, the hard-working women and men at the
NTSB.
Thank you all for your expertise, for your steadfast
commitment to safety, and for your advocacy and guidance over
the years. Without you, the voices of these families and many
others may never have been heard.
If confirmed, I consider it a great honor and privilege to
serve my country and work with this Committee to improve safety
across all the modes of transportation.
Thank you, and I look forward to answering your questions.
[The prepared statement and biographical information of Ms.
Homendy follow:]
Prepared Statement of Jennifer L. Homendy, Nominee to be a Member,
National Transportation Safety Board (NTSB)
Thank you, Chairman Thune, Ranking Member Nelson, and Members of
the Committee. I am honored to appear before you today as you consider
my nomination to be a Member of the National Transportation Safety
Board (NTSB or Board). I am extremely grateful to Senator Schumer for
recommending me. President Trump for nominating me, and Ranking Members
DeFazio and Capuano for their support and, most importantly, for their
faith in me and my work over the past 14 years on the Committee on
Transportation and Infrastructure (T&I Committee). It has truly been an
honor to work for what I believe is the greatest legislative body in
the world.
I would like to thank Senator Blumenthal from my home State of
Connecticut for his unwavering commitment to safety. Although Virginia
is now my home, Connecticut will always be where my heart lives. I
would also like to thank NTSB Member Dinh-Zarr, Member Weener, and NTSB
staff for joining me today, and your staff--in particular, Devon
Barnhart, Patrick Fuchs, Adrian Arnakis, and Fern Gibbons--who have
been tremendous partners over the years in our pursuit to improve
transportation safety.
Before I begin, I would like to introduce some of my family and
friends. My husband, Mike, is my best friend, my biggest cheerleader,
and the most amazing father to our 10-year-old daughter, Alexandra
(Lexi). Lexi may very well appear before you one day as a nominee for
the National Aeronautics and Space Administration given her excellent
grades in math and science and obsession with Star Wars and the
National Air and Space Museum.
Also joining me today are my parents, Sante and Nancy Esposito, my
brother, Bryan, my sister-in-law, Danielle, and my close friends,
Cathey Capozziello and her two children, Sarah Belle and Mary Danz,
Karen Hart and her two children, Ava and Roman, and Debbie Stokes. My
brother, Mike, and my sister, Erin, and their families and my in-laws,
Edward and Cathy Homendy, are viewing today's hearing from their homes.
There are a few things I would like for you to know about me as you
consider my nomination.
First, I believe strongly in public service. My father spent his
entire career as a public servant for the Legislative Commissioners'
Office of the Connecticut General Assembly, the Congressional Budget
Office, the House Committee on Budget, and the T&I Committee, where he
retired in 1998. He and my mother worked hard to instill in us from a
very early age the importance of serving others, to serve God, and a
strong conviction that the actions of just one person can make a
tremendous difference in the world.
I believe those values are reflected in my work as Democratic Staff
Director of the Subcommittee on Railroads, Pipelines, and Hazardous
Materials of the T&I Committee, a position I have held since June 2004.
If confirmed, I believe my extensive background in rail, pipeline, and
hazardous materials safety will provide modal balance to the Board. Of
the NTSB's 40 ongoing major accident investigations, 13 involve freight
or passenger railroads, including the February 4, 2018, collision of an
Amtrak train and CSX freight train in Cayce, South Carolina, and the
December 18, 2017, Amtrak derailment near DuPont, Washington. Four
additional ongoing accident investigations involve natural gas
pipelines, including the August 2, 2017, gas explosion at the Minnehaha
Academy in Minneapolis, Minnesota.
Second, I am passionate about safety. In 1998, the NTSB
investigated a natural gas pipeline explosion and fire that destroyed a
newly constructed home in South Riding, Virginia. A family of four was
spending their first night in their new home. Around midnight, natural
gas from a hole in the service line to the house entered the basement
where it was ignited by the pilot light on the water heater, killing
the mother and severely injuring the father.
The NTSB determined that had an excess flow valve been placed on
the line, the explosion never would have occurred. The NTSB had been
recommending the installation of excess flow valves for nearly 30
years.
In 2006, Congress took action and implemented that recommendation
in the Pipeline Inspection, Protection , Enforcement, and Safety Act
(PIPES Act) (P.L. 109-468) by requiring natural gas pipeline operators
to install excess flow valves on all new or replaced single family
residential service lines. Congress extended that requirement to multi-
family residences and small commercial facilities in the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112-
90). I am proud to have been one of the lead negotiators on both of
those laws.
Following enactment of the PIPES Act, the NTSB staff presented me
with an excess flow valve that remains on my desk as a daily reminder
of the importance of what we do on Capitol Hill--and what the
hardworking men and women at the NTSB do--on a daily basis for our
great Nation.
The NTSB saves lives. The Board's work informs decision-making by
regulators and Congress. It helps industries identify deficiencies and
make vital safety improvements, and provides hope to grieving families
that something positive will come from their tragic loss.
Over the past 14 years, I have listened closely to families as they
recount the tragedies they have experienced. I understand their need
for answers and their strong desire to find solutions to prevent future
accidents and loss of life.
I listened to the Connollys, the Millers, and the residents of
Baker Estates, a mobile home park in Battle Creek, Michigan, who
welcomed me into their homes and businesses in 2010 when the T&I
Committee investigated a major oil pipeline rupture that was not
discovered or addressed for 17 hours.
I listened to the Moores, who testified before the T&I Committee
about improving safety at grade crossings. Their 16-year-old son, Ryan,
and two others died in a grade crossing accident in Northeastern Ohio
in 1995. It was a passive crossing with no active warning devices, much
like the crossing in North Carolina where my father's cousin was killed
in 1982.
I listened to the Seelings, who visited Chairman Oberstar and me
following the death of their son, Chris, in 2005. Chris was a
locomotive engineer who was killed when his freight train was diverted
from the main line to an industry track where it struck an unoccupied,
parked train, similar to the circumstances surrounding the Cayce, South
Carolina, accident this past February.
Three tank cars on Chris' train contained chlorine, and one of them
breached. The entire area was overwhelmed with chlorine gas. As a
result, nine people died of chlorine gas inhalation: Chris, six workers
at the Avondale Mills textile plant, which was adjacent to the track, a
truck driver who was at one of the plant facilities, and a nearby
resident. More than 550 people were taken to hospitals, 75 of whom were
admitted for treatment, and about 5,400 others were evacuated for
several days.
The cause of the accident was a misaligned switch and the NTSB
determined that Positive Train Control (PTC) would have prevented it.
Throughout the past 14 years, I have watched Members of Congress
spend countless hours meeting with families struck by tragic accidents
and moving legislation that makes significant strides in safety, often
closing longstanding NTSB recommendations that were issued in response
to these and other tragedies. Thank you so much for allowing me to be
part of that.
In closing, I would like to take a moment to address the people who
made that possible. To the NTSB Members and staff: Thank you for your
expertise, for your steadfast commitment to safety, and for your
advocacy and guidance over the years. Without you, the voices of these
families and many others may never have been heard.
If confirmed, I would consider it a great honor and privilege to
serve my country at the Board and work with this Committee to improve
safety across all of the modes of transportation.
Thank you again for this opportunity, and I look forward to
answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Jennifer Lynn Homendy
Jennifer Esposito Homendy
Jennifer Lynn Esposito (maiden name)
2. Position to which nominated: Member, National Transportation
Safety Board (NTSB).
3.Date of Nomination: April 12, 2018.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Committee on Transportation and Infrastructure, 590
Ford House Office Building, U.S. House of Representatives,
Washington, DC 20515.
5. Date and. Place of Birth: November 26, 1971; New Britain, CT.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Michael Homendy (spouse), Software Development Manager,
Robbins-Gioia, LLC.
7. List all college and graduate degrees. Provide year and school
attended.
The Pennsylvania State University, Bachelor of Arts,
Humanities, 1994.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Democratic Staff Director, Subcommittee on Railroads,
Pipelines, and Hazardous Materials, Committee on Transportation
and Infrastructure, U.S. House of Representatives, June 2004 to
present.
Legislative Representative, International Brotherhood of
Teamsters, 1999 to June 2004.
Legislative Representative, Transportation Trades Department,
AFL-CIO, 1997-1999.
Manager of Government Relations, American Iron and Steel
Institute, 1996-1997 (Legislative Assistant, 1996).
Senate Assistant, National Federation of Independent Business
(NFIB), 1994-1996.
Following graduation from The Pennsylvania State University in
September 1994, I served as a paid temporary staff assistant for
Congressman Lamar Smith (R-TX). I was offered a permanent position but
declined because I accepted a position with the NFIB. Immediately prior
to graduation, I worked as an intern for Senator Arlen Specter (R-PA,
at the time) in his Harrisburg, Pennsylvania district office.
9. Attach a copy of your resume.
See attached resume.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
I have not held any advisory, consultative, honorary, or other
part-time service or positions with Federal, State, or local
governments other than those listed above, within the last ten years.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of my
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
2017 to present: President, Baffa Academy Association, a parent
association for my daughter's dance academy (not compensated). In
accordance with the terms of an ethics agreement that I have entered
into with the NTSB's Designated Agency Ethics Official (DAEO) and that
has been provided to this Committee, upon confirmation, Iwill resign
from this position. For a period of one year after my resignation, I
will not participate personally and substantially in any particular
matter involving specific parties in which the parent association of a
dance academy is a party or represents a party, un1ess I am first
authorized to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).
On and off from 2010-2016: Board Member and President of the River
Meadows Community Association (not compensated).
2012-2015: Partner, Mommy Trader Movement, LLC (MTM),
Fredericksburg, Virginia (not compensated). MTM was initially formed to
help 5,000 local mothers buy, sell, and trade used toys, c1othing,
furniture, and other items through a Facebook group page. to help
reduce family expenses. Over time, MTM expanded to host events that
raised funds for the benefit of a local YMCA financial hardship
campaign and various Fredericksburg families-in-need. MTM also
organized classes aimed at reducing costs for families; promoted local
family-friendly events and smallbusinesses; and published family-
friendly artic1es in Fredericksburg Parent and Family magazine.
Articles I authored, individually or with others, are listed under
Question #16.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Member, Trinity Episcopal Church (Fredericksburg, VA) (2016
to present);
Member, St Mary's Catholic Church (Fredericksburg, VA)
(2015-2016)
Member, Fredericksburg Country Club (2015 to present)
Member, YMCA (Fredericksburg, VA) (October 2017 to present)
Member, Cape Fear Triathlon Club (January 2018 to present)
Member, USA Triathlon (January 2014 to present)
President, Baffa Academy Association (August 2017 to
present, see Question #11)
Member, American College of Sports Medicine (2013 to
present)
Member, Fredericksburg Cycle Club (2014)
None of the above organizations restrict membership on the basis of
sex, race, color, religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
( elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period.
I have not made any political contributions to any individual,
campaign organization, political party, political action committee, or
similar entity of $500 or more in the past 10 years.
With respect to the second request, I have not held an office with
a state or national political party or election committee. However, I
volunteered with the Democratic Party of Virginia for voter
registration in 2016 and for the Get Out The Vote campaign for Barack
Obama in 2012 (door-to-door canvassing and telephone calls to campaign-
provided lists). In addition, I volunteered for Peter DeFazio for
Congress in 2012 and 2014 (phone calls to campaign-provided lists), and
for Tom Perriello's campaign in 2010 (phone calls to campaign-provided
lists).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Fellow, 115th Congress, Stennis Center for Public Leadership
Honorary Recognition and Membership Award, United
Transportation Union, adopted by the Board of Directors by
resolution in 2007, in recognition of my ``immeasurable
assistance in support of railroad workers and their welfare.''
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
I have not authored, individually or with others, any books or
publications.
Articles and columns
Although they are not relevant to the position for which I have
been nominated, I authored (individually and with others) a column in
Fredericksburg Parent and Family Magazine in 2013 called Frugal Living
with Mommy Trader Movement. I also authored two articles in Penn State
Harrisburg's The Capital Times (student newspaper) in 1993.
Frugal Living with Mommy Trader Movement: Giving Back to Our
Community, Fredericksburg Parent and Family Magazine, November
2013
Frugal Living with Mommy Trader Movement: Dress to Impress
for Less, Fredericksburg Parent and Family Magazine, August
2013
Frugal Living with Mommy Trader Movement: 25 Free or Cheap
Things to Do in Fredericksburg and Beyond, Fredericksburg
Parent and Family Magazine, July 2013
Frugal Living with Mommy Trader Movement: Make Your Own
Beauty Products, Fredericksburg Parent and Family Magazine, May
2013
Frugal Living with Mommy Trader Movement: Making Money on
Household Cleaners, Fredericksburg Parent and Family Magazine,
April 2013
Frugal Living with Mommy Trader Movement: Trim Your
Waistline and Your Wallet, Fredericksburg Parent and Family
Magazine, February 2013
Strategy for Sensible Eating, Penn State Harrisburg's The
Capital Times, October 25, 1993
Aquatic Aerobics, Penn State Harrisburg's The Capital Times,
October 25, 1993
Speeches
Since 2004, as Democratic Staff Director of the Subcommittee on
Railroads, Pipelines, and Hazardous Materials, I have participated in
numerous panel discussions on the legislative outlook in Congress and
various railroad, pipelines, and hazardous materials transportation
issues. I did not keep a list of those panel discussions, but I have
appeared before the following organizations: the American Public
Transportation Association, the American Association of State Highway
and Transportation Officials, Women in Transportation Seminar, Women in
GovernmentRelations, the Transportation Trades Department, AFL-CIO, the
One Rail Coalition, the Association of American Railroads, the
International Brotherhood of Locomotive Engineers and Trainmen, and the
International Brotherhood of Teamsters.
17. Please identify each instance in which you have testified
orally or in w1iting before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
I have not testified orally or in writing before Congress in a
governmental or nongovernmental capacity.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve inthat
position?
I am passionate about transportation safety. I have worked on
surface transportation safety issues and some aviation safety issues
(related to hazmat transportation) for more than 20 years, nearly 14 of
which as the Democratic Staff Director of the Subcommittee on
Railroads, Pipelines, and Hazardous Materials for the Committee on
Transportation and Infrastructure of the U.S. House of Representatives.
During that time, I have worked extensively with the NTSB, the
Department of Transportation (DOT), the DOT's Inspector General, the
Amtrak Inspector General, the Government Accountability Office, and
transportation stakeholders to improve safety. I have also worked to
implement many of the NTSB's Most Wanted List of Safety Improvements,
including, but not limited to, recommendations on fatigue; worker
training; implementing Positive Train Control; retrofitting rail tank
cars that transport crude oil and other flammable liquids; installing
excess flow valves on certain distribution pipelines; enhancing drug
and alcohol testing of transportation workers; providing safety-
critical information about pipelines to State and local emergency
responders; and improving the safety of transporting hazardous
materials.
Prior to my work on Capitol Hill, I served as a Legislative
Representative for the International Brotherhood of Teamsters and the
Transportation Trades Department, AFL-CIO, where I also focused on
transportation safety.
Although I am not a fire fighter, I am certified in Core HazMat
Operations and Mission-Specific PPE and Product Control, as prescribed
by the National Fire Protection Association's 472 Standard for
Competence of Responders to Hazardous Materials/Weapons of Mass
Destruction Incidents, and accredited through the National Board on
Fire Service Professional Qualifications. This course, developed and
provided by the International Association of Fire Fighters, trains fire
fighters on how best to respond to transportation accidents involving
hazardous materials. Throughout my career, I have worked extensively to
strengthen safety and training standards for fire fighters, hazmat
teams, and other first responders.
I believe the work conducted by the NTSB saves lives, and I would
be honored to serve our Nation and the public as a Member of the Board
to improve transportation safety.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls and what experience do you have in managing a large
organization?
If confirmed, I will work with the Chairman and other Members and
staff of the Board, including the Managing Director and Chief Financia1
Officer, to ensure the Board effectively utilizes, manages, and
conducts oversight of the agency's resources.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Adapting to new technologies. Technology is changing the way we
live, work, and travel--from unmanned aircraft systems and automated
vehicles to positive train control and consumer products powered by new
technologies. Many of these new technologies, if implemented safely and
reliably, could significantly reduce the number of transportation
accidents, potentially saving tens of thousands of lives.
Technology also plays a significant role in accident response and
investigation techniques, with the NTSB and numerous State and local
response agencies now utilizing drones to assess accident scenes. All
of this means the Board and staff must stay on top of emerging
technology in the transportation industry, which requires substantial
and continual training, the time to provide such training given the
number of accidents and limited number of NTSB investigators, and the
ability to purchase equipment to conduct complex accident
investigations.
Addressing drug and alcohol abuse in transportation. Illicit drug
use is a national epidemic. According to the Substance Abuse and Mental
Health Services Administration, more than 26 million Americans aged 18
or older are illicit drug users, an increase from annual 2002 through
2015 levels.
The NTSB lists ``Ending Alcohol and Drug Impairment in
Transportation'' as one of its most wanted safety improvements. Since
2000, the NTSB has investigated 381 fatal accidents involving drugs
(medication or other substances) or alcohol. This does not encompass
all transpo1iation accidents involving drugs or alcohol since the NTSB
investigates only significant accidents in the surface and water-borne
modes of transportation.
While the number of transportation accidents involving the use of
drugs or alcohol is low compared to the total number of transportation
accidents in the United States, positive drug testing rates among
transportation workers are on the rise. According to the NTSB, ``About
8 percent of workers involved in rail accidents so far in 2016
havetested positive for drug use, including marijuana, cocaine,
ecstasy, benzodiazepine, oxycontin, and morphine. That number is the
highest since the [Federal Railroad Administration] began keeping
records in 1987, and three times greater than it was 10 years ago.''
The Pipeline and Hazardous Materials Safety Administration also
received reports from pipeline operators and contractors of higher drug
and alcohol testing rates, prompting the agency to increase operator
testing from 25 percent to 50 percent of the regulated workforce for
calendar year 2018.
Reducing human factor-caused accidents in all modes of
transportation. Accidents caused by human factors constitute the
largest category of accidents in all modes of transportation. In rail,
for example, human factors accounted for 38 percent of all train
accidents, or 26 percent of all commuter and intercity passenger rail
accidents, from 2011 through 2016. Technologies, such as positive train
control, can help prevent human factor-caused accidents, but we also
need to address the underlying issues that lead to these accidents,
including fatigue, inattention, and distraction.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have no financial arrangements, deferred compensation agreements,
or other continuing dealings with business associates, clients, or
customers. I have a Thrift Savings Plan and I participate in the
Federal Employees Retirement System, a defined benefit retirement plan.
Information related to my spouse's retirement account is fully
described in Part 3 of my Executive Branch Personnel Public Financial
Disclosure.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could invo1ve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's DAEO to identify
potential conflicts of interest. I agreed to take those actions that
are outlined in the letter to the DAEO; a copy is enclosed. These
commitments constitute my ethics agreement as identified in the ethics
regulations.
As explained in my ethics agreement, my spouse is employed by
Robbins-Gioia, LLC, from which he receives a fixed annual salary and
bonus tied to his performance. For as long as my spouse continues to
work for Robbins-Gioia, LLC, I will not participate personally and
substantially in any particular matter involving specific parties in
which I know my spouse's employer or any client of my spouse is a party
or represents a party, unless I am first authorized to participate,
pursuant to 5 C.F.R. Sec. 2635.502(d).
Additionally, upon my confirmation, I will resign from my position
as President of the Baffa Academy Association, a parent association of
my daughter's dance academy. For a period of one year after my
resignation, I will not participate personally and substantially in any
particular matter involving specific parties in which the Baffa Academy
Association is a party or represents a party, unless I am first
authorized to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the National Transportation Safety
Board's DAEO to identify potential conflicts of interest. I agreed to
take those actions that are outlined in a letter to the DAEO; a copy is
enclosed. These commitments constitute my ethics agreement as
identified in the ethics regulations. I am not aware of any other
potential conf1icts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy.
Since June 2004, I have served as the Democratic Staff Director for
the Subcommittee on Railroads, Pipelines, and Hazardous Materials for
the Committee on Transportation and Infrastructure, U.S. House of
Representatives, where I have engaged in drafting and influencing the
passage, defeat, or modification of numerous pieces of legislation.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with the NTSB's DAEO and that has beenprovided
to this Committee. Pursuant to that agreement:
I will not participate personally and substantially in any
particular matter in which I know that I have a financial
interest directly and predictably affected by the matter, or in
which I know that a person whose interests are imputed to me
has a financial interest directly and predictably affected by
the matter, unless I first obtain a written waiver, pursuant to
18 U.S.C. Sec. 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. Sec. 208(b)(2). I understand
that the interests of the following persons are imputed to me:
any spouse and minor child of mine; any general partner of a
partnership in which I am a limited or general partner; any
organization in which I serve as officer, director, trustee,
general partner or employee; and any person or organization
with which I am negotiating or have an arrangement concerning
prospective employment.
Upon confirmation, I will resign from my position as
President of the Baffa Academy Association, a parent
association of my daughter's dance academy. For a period of one
year after my resignation, I will not participate personally
and substantially in any particular matter involving specific
parties in which the dance academy is a party or represents a
party, unless I am first authorized to participate, pursuant to
5 C.F.R. Sec. 2635.502(d).
My spouse is employed by Robbins-Gioia, LLC, from which he
receives a fixed annual salary and bonus tied to his
performance. For as long as my spouse continues to work for
Robbins-Gioia, LLC, I will not participate personally and
substantially in any particular matter involving specific
parties in which I know my spouse's employer or any client of
my spouse is a party or represents a party, unless I am first
authorized to participate, pursuant to 5 C.F.R.
Sec. 2635.502(d).
If I have a managed account or othe1wise use the services of
an investment professional during my appointment, I will ensure
that the account manager or investment professional obtains my
prior approval on a case-by-case basis for the purchase of any
assets other than cash, cash equivalents, investment funds that
qualify for the exemption at 5 C.F.R. Sec. 2640.201(a),
obligations of the United States, or municipal bonds.
I will meet in person with the NTSB's DAEO during the first
week of my service in the position of Board Member in order to
complete the initial ethics briefing required under 5 C.F.R.
Sec. 2638.305.
Within 90 days of my confirmation, I will document my
compliance with this ethics agreement by notifying the NTSB's
DAEO in writing when I have completed the steps described in
the ethics agreement.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
I have held security clearances since 2000 and have received
periodic background check investigations by law enforcement related to
those clearances. Additionally, as a teenager, in March 1990, I was
arrested for shoplifting. See Question #4 for further information.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
I have not been involved as a party in an administrative agency
proceeding, civil litigation, or criminal proceeding, except as
described in response to Question #4. To the best of my knowledge, the
businesses and nonprofits of which I am or was an officer have never
been involved as a party in an administrative agency proceeding, civil
litigation, or criminal proceeding.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
As a teenager, on March 19, 1990, a misdemeanor for shoplifting. I
deeply regret my actions. In addition to court-ordered penalties, I
volunteered for community service, which included speaking to students
and at-risk youth.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
I have never been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
Nothing unfavorable. As far as favorable information, I believe
that my extensive background and expertise in motor carrier, rail,
pipeline, and hazardous materials transportation safety would bring an
added professional, modal, and issue-area balance to the Board. Of the
36 ongoing major accident investigations listed on the NTSB's website,
12 involve freight and passenger railroads, including the collision of
an Amtrak train and CSX freight train in Cayce, South Carolina; an
accident involving two Southeastern Pennsylvania Transportation
Authority trains in Upper Darby, Pennsylvania; the deaths of two CSX
workers in Washington, D.C. who were struck and killed by an Amtrak
train; and, the Amtrak derailment near DuPont, Washington. Four
additional ongoing accident investigations involve natural gas
pipelines, including the August 2, 2017, gas explosion at the Minnehaha
Academy School in Minneapolis, Minnesota.
I would also like the Committee to know that I have a proven track
record in working in environments that require collaboration,
deliberation, negotiation, and teamwork. I have strong working
relationships on both sides of the aisle, in the House and Senate and
in the Executive Branch, with outside entities, and with Members and
staff at the NTSB.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Jennifer Lynn (Esposito) Homendy
Employment Background
Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, D.C., Democratic Staff Director of the
Subcommittee on Railroads, Pipelines, and Hazardous Materials from June
2004 to present. Legislative areas of expertise include issues
involving the railroad industry and its employees; the safety of oil
and natural gas pipelines; and the transportation of hazardous material
in commerce. Specific duties include drafting, negotiating, and moving
legislation through the legislative process; developing legislative and
oversight agendas; preparing memos, speeches, and statements for
Democratic Members of Congress; delivering speeches and panel
presentations on behalf of the Committee; leading hearings and
Committee investigations of Federal programs, policies and regulations;
and carrying out oversight of Federal rail, pipeline, and hazardous
material transportation programs, including the Committee's extensive
oversight investigation of the Enbridge oil pipeline spill in Marshall,
Michigan, the Committee's audit of the Pipeline and Hazardous Materials
Safety Administration's special permits and approvals program, and the
Committee's 2017-2018 audit of the Department of Transportation's drug
and alcohol testing program (across all modes).
International Brotherhood of Teamsters, Washington, D.C., Legislative
Representative from June 1999 to June 2004. Duties included
representing the interests of Teamster working families before Congress
and the Executive Branch. Areas of expertise included transportation
and international trade. Transportation work focused on motor carrier,
rail, and hazardous materials safety. Served as a cleared (classified)
labor representative on the President's Advisory Committee on Trade
Policy and Negotiations and the U.S. Department of Labor's Trade
Advisory Committee.
Transportation Trades Department, AFL-CIO (TTD), Washington, D.C.,
Legislative Representative from August 1997 to June 1999. Duties
included representing the interests of transportation workers before
Congress and the Executive Branch. Areas of expertise included motor
carrier, rail, hazardous material, and nuclear waste transportation
safety; domestic manufacturing/Buy America; appropriations/budget;
innovative financing, including state infrastructure banks and credit
enhancements; and worker protections, including Section 13(c) of the
Federal Transit Act and Davis Bacon.
American Iron and Steel Institute (AISI), Washington, D.C., Manager of
Government Relations from March 1996 to August 1997, having been
promoted from Legislative Assistant. Duties included representing the
interests of the American steel industry and its employees before
Congress in the areas of transportation, environment, and energy;
researching and preparing policy analyses of various tax and trade
issues; serving as Staff Director of AISI's Committee on Traffic;
coordinating political action committee contributions to Members of
Congress; representing AISI at coalition meetings and fundraisers;
presenting monthly reports to AISI's Board of Directors on legislative
developments; interacting with Members of Congress, congressional
staff, and AISI member companies; and drafting correspondence and
memoranda.
National Federation of Independent Business (NFIB), Washington, D.C.,
Senate Assistant for Federal Governmental Relations from September 1994
to March 1996. Duties included researching issues that affect small
businesses; serving as a member of the Guardian Advisory Council
Taskforce, a team of staff assigned to restructure the organization's
activist/grassroots lobbying efforts; interacting with congressional
staff; drafting correspondence and memoranda on various small business
issues; organizing membership participation in, and issue development
for, the White House Conference on Small Business held in June 1995;
and providing legislative and administrative support to the Director of
Federal Governmental Relations and three Senate lobbyists.
Senator Arlen Specter (R-PA, at the time), Harrisburg, PA, Intern from
1993 to 1994.
Educational Background
Certificate, Accident Investigation Orientation for Rail Professionals,
the National Transportation Safety Board, May 2017
Fellow, (115th Congress) Stennis Center for Public Leadership
The National Board on Fire Service Professional Qualifications (through
the International Association of Fire Fighters), Certified in Core
HazMat Operations and Mission-Specific PPE and Product Control (hazmat
operations-level responder training)
The Pennsylvania State University, Bachelor of Arts in Humanities with
concentrations in Public Policy and Journalism, graduated 1994
Certified Personal Trainer, American College of Sports Medicine
The Chairman. Thanks, Ms. Homendy.
Ms. King.
STATEMENT OF HEIDI KING, NOMINEE TO BE
ADMINISTRATOR, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
(NHTSA)
Ms. King. Good morning, Chairman Thune. Good morning,
Ranking Member Nelson, and distinguished Members of the
Committee.
Thank you for the invitation to testify today as Nominee to
serve as the Administrator of the National Highway Traffic
Safety Administration.
I am grateful to Donald Trump, President Donald Trump, and
Secretary Elaine L. Chao for their support and for providing me
with the opportunity to serve our Nation by advancing safety on
our Nation's roadways and for the traveling public.
I'll note it's also an honor to testify on subjects of
safety before you today with such a wonderful panel with the
shared commitment to safety.
It is also my pleasure to introduce my daughter Kristin who
has traveled across the entire country to be with me here
today.
Public safety is a vocation in our family. I'm proud to
tell you that my daughter, by the age of 16, served at my side
as an Emergency Medical Technician in Chatham, New Jersey.
Together, we witnessed firsthand the devastating effects of
traffic crashes on individuals in our community, on families,
and the community at large.
That experience instilled in me a deep and abiding
commitment to saving lives that is shared by all of the men and
women of the National Highway Traffic Safety Administration.
NHTSA's mission is to save lives, to prevent injuries, and
to reduce the economic costs of traffic crashes. I am deeply
honored to serve at an agency whose primary objective is
safety, the safety of Americans, the traveling public, an
agency that is working tirelessly toward that day when we will
not have to bear the cry of grief from a wife that has lost her
husband or of a child who has lost a parent in a needless
traffic crash.
My heart goes out to the many people who have suffered such
losses, some of whom are in this room today.
My early professional career as a California State Park
Ranger, as an emergency medical technician, and as a 9-1-1
dispatcher provided me with firsthand and an up-close
understanding of the tragic consequences of these traffic
collisions and crashes.
My later professional experience in both the public and the
private sector, including at the White House Office of
Management and Budget and at General Electric, provided the
leadership experience necessary to lead this agency. It would
be my intention to lead NHTSA, to continue the agency's long
history of data-driven and performance-based decisionmaking.
I have had the benefit of meetings with you, many of you,
and your staff in recent weeks, and I appreciate the
opportunity to hear from you directly. I want to assure the
Committee that I will maintain an open line of communication
that you would expect from any nominee.
Over the past seven months, it has been my privilege to
serve as NHTSA's Deputy Administrator, leading the team of
dedicated and talented professionals.
If confirmed as NHTSA's Administrator, it would be my great
honor to continue and expand upon their outstanding work in
achieving that safety mission.
I would like to briefly mention just a few of NHTSA's
accomplishments during my brief tenure as the Deputy
Administrator.
In February, NHTSA announced the creation of a new
Compliance Assistance Program to facilitate and improve
compliance with Federal safety standards.
In March, NHTSA hosted a summit launching an initiative to
combat drug-impaired driving on our roadways.
Last month, NHTSA brought online a new electronic
application tool for use by states and territories when
applying for highway safety grants, fulfilling another FAST Act
directive and continuing our partnership with states.
Throughout my time at NHTSA, the agency has been busy
implementing historic improvements to data management, to risk
analysis, for recalls and defects investigations.
Mr. Chairman, Ranking Member Nelson, and Distinguished
Members of the Committee, thank you for your time and for your
consideration of my nomination.
If I am confirmed, I would welcome the chance to work with
all of you to improve the safety of our nation's roadways.
I'm very happy to answer any questions.
[The prepared statement and biographical information of Ms.
King follow:]
Prepared Statement of Heidi King, Nominee to be Administrator,
National Highway Traffic Safety Administration
Good afternoon Chairman Thune, Ranking Member Nelson, and
distinguished Members of this Committee. Thank you for the invitation
to testify today as a nominee to serve as the Administrator of the
National Highway Traffic Safety Administration.
I am grateful to President Donald Trump and Secretary Elaine L.
Chao for their support and for providing me with the opportunity to
serve our Nation by advancing safety on our Nation's roadways and for
the traveling public. It is also my pleasure to introduce my daughter,
Kristin, who has traveled across the country to be here with me today.
Public safety is a vocation in our family. I'm proud to tell you that
my daughter served at my side as an Emergency Medical Technician in
Chatham NJ. We witnessed first-hand the devastating effects of traffic
crashes on individuals, on families and in our communities.
That experience instilled in me a deep and abiding commitment to
saving lives that is shared by all the men and women of NHTSA. NHTSA's
mission is to save lives, prevent injuries, and reduce the costs of
traffic crashes. I am honored to serve at an agency whose primary
objective is the safety of the American traveling public, an agency
that is working tirelessly toward that day when we will not have to
bear the cry of grief from a wife who has lost her husband, or a child
who lost a parent, in a needless traffic crash.
My early professional career as a California State Park Ranger,
emergency medical technician, and as a 9-1-1 dispatcher, provided me
with a first-hand and up-close understanding of the tragic consequences
of roadway crashes. My later professional experience in both the public
and private sector, including at the White House's Office of Management
and Budget and General Electric, provided the leadership experience
necessary to lead an agency. It would be my intention to lead NHTSA to
continue the agency's long history of data-driven and performance-based
decision-making.
I have met with many of you and your staff in recent weeks, and I
appreciate the opportunity to hear from you directly. I want to assure
the Committee that I will maintain an open line of communication that
you expect from any nominee.
Over the past seven months, it has been my privilege to serve as
NHTSA's Deputy Administrator, leading the team of dedicated and
talented professionals. If confirmed as NHTSA's Administrator, it would
be my great honor to continue and expand upon their outstanding work in
achieving that safety mission.
I would like to briefly mention just a few of NHTSA's
accomplishments during my brief tenure as the Deputy Administrator. In
February, NHTSA announced the creation of a new compliance assistance
program to facilitate and improve compliance with Federal safety
standards. In March, NHTSA hosted a summit launching an initiative to
combat drug-impaired driving on our roadways.
Last month, NHTSA brought online a new electronic application tool
for use by States and Territories when applying for Highway Safety
Grants, fulfilling another FAST Act directive. Throughout my time at
NHTSA, the agency has been busy implementing historic improvements to
our data management and risk analysis for recalls and defects
investigations.
Mr. Chairman, Ranking Member Nelson, and distinguished Members of
the Committee, thank you for your time and consideration of my
nomination. If I am confirmed, I would welcome the chance to work with
all of you to improve the safety of our Nation's roadways. I am happy
to answer any questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Heidi R. King (also known as Heidi R. Muench 1989-1990)
2. Position to which nominated: Administrator, Notional Highway
Traffic Safety Administration.
3. Date of Nomination: April 12, 2018.
4. Address. (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: U.S. Department of Transportation, 1200 New Jersey Ave.
SE, Washington, D.C. 20590.
5. Date and Place of Birth: December 21, 1964; Ventura, California.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names. and ages of your children (including
stepchildren and children by a previous marriage).
No spouse.
Child: Kristin L. Muench (28 years).
7. List all college and graduate degrees. Provide year and school
attended.
Bachelor of Arts, Economics (May 1995)
University of California, Irvine, CA
Master of Science, Economics (May 1998)
California Institute of Technology, Pasadena, CA
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
All post-undergraduate positions are listed below. Entries in
italics highlight management-level and non-managerial jobs that relate
to the position for which I am nominated.
Deputy Administrator, National Highway Traffic Safety
Administration, Department of Transportation, Washington, D.C.
(2017 to present)
Global Director of Environmental Risk, GE Capital, Norwalk,
CT (2013-16)
Chief Economist for Committee 011 Energy and Commerce, U.S.
House of Representatives, Washington, D.C. (2011-13)
Deputy Branch Chief, Information and Regulatory Affairs,
U.S. Executive Office of the President, Washington, D.C. (2007-
11)
Research Scientist, Telcordia Technologies (formerly Bell
Labs), Murray Hill, NJ (2000-01)
Senior Policy Analyst, Information and Regulatory Affairs,
U.S. Executive Office of the President, Washington, D.C. (1998-
2000)
Volunteer Lieutenant, Crew Chief am/ Emergency Medical
Technician, Chatham Emergency Squad, Chatham, NJ (1999-2007)
California State Park Ranger (Law Enforcement), California
Department of Parks and Recreation, Pismo Beach, CA (1987-89)
911 Emergency Dispatcher, Butte County Sheriff's Office,
Oroville, CA (1987)
9. Attach a copy of your resume.
A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Director, The Diaper Bank, North Haven, CT (2015-16)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization. private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Professional Association of Dive Instructors (2017-2018)--no
membership restrictions.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount. and whether you are
personally liable for thatdebt.
I am currently a non-Senate-confirmed Presidential appointee at the
U.S. Department of Transportation.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period. None.
15. List all scho1arships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements. None.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do notattach copies of these publications unless otherwise
instructed.
As Deputy Administrator for NHTSA, I routinely give public comments
on the subject of automotive safety, driverless cars, cybersecurity,
and impaired driving. Those comments are posted here: https://
www.nhtsa.gov/speeches-presentations
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
In my role as Deputy NHTSA Administrator, on February 14, 2018, I
testified before the U.S. House of Representatives at an oversight
hearing convened by the Committee on Energy and Commerce's Subcommittee
on Digital Commerce and Consumer Protection on the subject ``Oversight
of the National Highway Traffic Safety Administration.''
I also testified as Deputy NHTSA Administrator on March 20, 2018
before the Senate Committee on Commerce, Science, and Transportation's
Subcommittee on Consumer Protection, Product Safety, Insurance, and
Data Security on the subject of ``Update on NHTSA and Automaker Efforts
to Repair Defective Takata Air Bag Inflators.''
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
My background includes experience in public policy and regulation
serving both the executive and legislative branches, institutional and
operational risk management, traffic safety, emergency services and
911, as well as leadership and management.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe I will be responsible for the efficient, compliant and
accountable operation of NHTSA. I am experienced leading a global team
of professionals for G.E. Capital, interagency Federal professionals as
an 0MB leader, and teams of emergency services personnel in public
emergency services roles.
20, What do you believe to be the top three challenges facing the
department/agency, and why?
Rapidly changing technology requires that NHTSA assure
safety while remaining in step with the changing technology,
including driverless car technology.
Historic recall of dangerous Takata airbags requires a
program to effectively convince individual consumers to take
immediate action.
Talent Management and recruiting in a Federal agency
workforce that has a high vacancy rate and a low turnover rate.
b. potential conflicts of interest
1. Describe all financial arrangements. deferred compensation
agreements, and other continuing dealings with business associates.
clients, or customers. Please include info1mation related to retirement
accounts.
In December 2016, I resigned from my position as Global Director of
Environmental Risk with GE Capital U.S. Holdings Inc., a subsidiary of
General Electric (GE). I hold stock options and restricted stock units
in GE. If confirmed, I will retain these stock options and restricted
stock units.
I also have a 401(k) defined contribution plan from GE which is
housed with Fidelity and invested in a diversified mutual fund; neither
I nor GE makes any further contributions to the plan. If confirmed, I
will retain my 401(k) plan from GE.
I have life insurance through my former employment with GE. GE is
no longer paying for the policy.
I have a TSP account from my government service. If confirmed, I
will retain my TSP account.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business.
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments. obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Ethics Official to identify potential conflicts of interest.
Any potential conflicts of interest will be resolved with the terms of
an ethics agreement that I have entered into with DOT's designated
Agency Ethics Official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent. that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Ethics Official to identify potential conflicts of interest.
Any potential conflicts of interest will be resolved with the terms of
an ethics agreement that I have entered into with DOT's designated
Agency Ethics Official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy.
During my two years serving as Chief Economist for the House Energy
and Commerce Committee (112th Congress, 2011-2013) under the
Chairmanship of Fred Upton (MI) I worked on many legislative and
oversight matters. However, legislation was not enacted into law.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Ethics Official to identify potential conflicts of interest.
Any potential conflicts of interest will be resolved with the terms of
an ethics agreement that I have entered into with DOT's designated
Agency Ethics Official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding. or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? lf so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
No negative issues known. I have the reputation of a hard-working,
thoughtful, and analytical government employee with private sector
management experience.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Heidi R. King
Regulatory economist and solutions-oriented leader skilled in
navigating changes in public policy and experienced in emerging
technology markets, financial and operational risk management.
Experienced leader who enjoys motivating strategic change across
organizations and within teams. Resilient and energetic team member,
positive and pragmatic problem solver emphasizing integrity and respect
for diverse innovative approaches.
Experience
Department of Transportation Washington, D.C. 2017 to present
Deputy Administrator, National Highway Traffic Safety Administration
Executive leader and Acting Administrator of U.S. Federal regulatory
agency responsible for automotive safety, leading approximately 600
full time staff dedicated to the mission of saving lives, preventing
injuries, and reducing costs due to traffic crashes.
Responsible for a significant regulatory program covering
fuel efficiency, auto manufacturing, defects and enforcement
Leader of research programs advancing knowledge in both auto
engineering for occupant safety and collision avoidance but
also human behavioral factors impacting automotive safety risk.
National 911 and Emergency Medical Response system.
Innovator in the appropriate regulation, de-regulation and
novel safety programs for emerging technology in automated
driving systems
GE Capital Norwalk, CT 2013-2016
Global Director of Environmental Risk
Led a global team of technical and legal professionals informing
investment decisions and strategy across GE Capital, a global financial
services company with assets of U.S. $499 billion in global surface,
rail and air transportation, energy. real estate, and manufacturing
sectors.
Transformed a diverse group of environmental risk
professionals into a world class global team responsible for
increasing returns in project finance, lending and leasing
Innovated process improvements to optimize investment
decisions with respect to evolving public policies in the area
of environment, health and safety risk
Executed historic restructuring and the divestiture of $200B
of operating business units
U.S. House of Representatives Washington, DC 2011-2013
Chief Economist for Committee on Energy and Commerce
Legislated and oversaw executive agencies' regulatory programs in the
areas of energy, environment, transportation, agriculture, and
manufacturing.
Mobilized congressional action and response to major
environmental regulations, including greenhouse gas policies,
CAFE standards, ambient air quality standards and utility and
boiler emissions standards
Promoted the effective use of economic analyses of business
and social impacts across both House and Senate, improving
priority setting and effective agency oversight
Pioneered agreement on measures to improve the effectiveness
of the Clean Air Act through a series of unprecedented
bipartisan forums with state governments
U.S. Exec Office of the President Washington, D.C. 2007-2011
Deputy Branch Chief, Information and Regulatory Affairs
Advised White House leadership on regulatory initiatives and policy,
leading Federal interagency review of economically significant
regulations in the areas of environment and energy.
Orchestrated White House and interagency regulatory review
to reduce regulatory burden and improve the effectiveness of
the Clean Air Act and other laws.
ImpactRx Mt. Laurel, NJ 2006-2007
Senior Director, Oncology Group
Venture capital funded startup pharmaceutical consulting and market
research firm.
Market strategy insights for innovators in pharmaceutical
products, increasing consulting contracts providing nearly one
third of total revenue
Pfizer Pharmaceuticals New York, NY 2002-2006
Senior Manager, Management Science Group
Business strategy quantitative research
Increased product sales by identifying growth opportunities
using diverse competitive market information,secondary market
research darn, and promotion response models
Inductis Analytical Consulting Murray Hill, NJ 2001-2002
Associate Consultant, Marketing and Statistics
Analytics and data-driven management strategy serving clients in the
financial services sector.
Designed and launched the probability-based software at the
core of the leading financial services data provider in the
U.S.
Telcordia Technologies (Bell Labs) Murray Hill, NJ 2000-2001
Research Scientist, Emerging and Internet Technologies
Innovation and emerging technologies research at a former Bell Labs
software division.
Launched consulting practice area designed to support
participants in Federal spectrum auctions
Forecasted consumer demand for emerging technology products
and services
U.S. Exec Office of the President Washington, D.C. 1998-2000
Senior Policy Analyst, Information and Regulatory Affairs
Oversight of Federal agencies regulatory programs and research data
collections.
Improved cost effectiveness of regulations issued by EPA,
HUD, and other agencies
Reduced paperwork burden resulting from Federal programs
Other Relevant Experience
Chatham Emergency Squad, Emergency Medical Technician, Chatham, NJ
California Dept of Parks and Recreation, State Park Ranger, Pismo
Beach, CA
Butte County Sheriff's Office, Emergency Dispatcher, Oroville, CA
Education
M.S. Economics and Political Science, California Institute of
Technology, Pasadena, CA
B.A. Honors in Economics, University of California at Irvine
The Chairman. Thank you, Ms. King.
I'm going to ask just one quick obligatory question here
and then I'm going to skip to one of our colleagues.
But I know you all appreciate the importance of
establishing collaborative relationships between your
respective agencies and Congress. Nevertheless, these
confirmation hearings give us an opportunity to underscore that
point.
If confirmed, will you pledge to work collaboratively with
this Committee and its members and to provide thorough and
timely responses to our requests for information?
Mr. Gruters.
Mr. Gruters. Yes.
Ms. Homendy. Yes, Mr. Chairman.
Ms. King. Yes, absolutely.
The Chairman. Thank you.
OK. I'm going to come back and ask my questions later on.
I'm going to recognize Senator Inhofe for any questions
that he might have at this point.
STATEMENT OF HON. JIM INHOFE,
U.S. SENATOR FROM OKLAHOMA
Senator Inhofe. Thank you very much, Mr. Chairman, for
accommodating a conflict that I have, and I have two subjects I
want to broach here that I think are very significant.
The first one has to do with your nomination, Ms. Homendy,
to the NTSB. We have a friend in common who happens to be
related to you who has been very supportive of me in an effort
that I've been doing now since 2012 having to do with the
changing the system that the FAA has in terms of how they treat
general aviation pilots.
It's one of the last parts of our Justice system where you
are guilty until proven innocent and so we passed a bill, it's
called The Pilot's Bill of Rights, in 2012, and we addressed
some of these problems.
We addressed a system that where once it goes in the
system, an alleged violation goes from the FAA to the NTSB,
then it can go on into our district court system, which our
intent was to force a de novo trial, which means they would not
take everything that had been done before as the evidence but
they'd start all over again.
Now you're going into, if you are confirmed, the NTSB. The
problem that happened with this was some Federal judges
disagreed with the intent of this legislation and so that does
affect the line, the appellant line of the FAA to NTSB and then
to the Federal courts.
And so I'm fairly concerned about that and we went ahead
and passed a second Pilot's Bill of Rights. It passed this
Committee. However, there are some provisions that were left
off of it. Those provisions are now in the FAA Reauthorization
Bill that we had passed through this Committee.
Now my interest there is that one of the pieces of evidence
was that when an alleged violation took place in the general
aviation community that it would be passed through the FAA and
then as it went into the NTSB, it was rubber stamped.
In fact, I can show you, but there isn't time to do that,
how it was rubber stamped for a long period of time, and so I
want to be sure that even though that is corrected in the
current bill that we have considered in this Committee and will
be going over to the other side in the FAA Reauthorization
Bill, that you would listen to me and your brother-in-law any
time there is a case that comes before you, so you can get our
perspective on this.
Do you have any thoughts about the rubber stamping process
in general?
Ms. Homendy. My brother-in-law, I'm sure he's very pleased
right now listening to this.
Senator, I can tell you and I'm sure everyone, including my
husband behind me can tell you, I have never rubber stamped a
thing that has come before me, and I want you to know that I
will approach every accident investigation and matter that
comes before the Board, including any appeals, any airman or
mariner appeals, and I will look at that objectively, looking
at all sides of the issue, before forming an opinion, and I'm
very happy to work with your office on this.
Senator Inhofe. That's great. I appreciate it very much.
Last, Ms. King, in the past, the EPA and DOT have taken
increasingly heavy hands on regulating the automotive industry
through more stringent greenhouse gas regulations and laws and
just a few days before President Trump's inauguration, the
Obama's EPA acted unilaterally to finalize the 2012 standards
over a year ahead of schedule. Obviously we know why.
Under President Trump, the EPA and the National Highway
Traffic Safety Administration reopened the mid-term evaluation
process.
Moving forward, we're going to have to prioritize the
engagement with all public and private stakeholders and take
into account--and the phrase is ``economic practicability,''
and I would just ask you, do you agree that we should go
through with this process and keep in mind about the economic
practicability as we move through?
Ms. King. Yes.
Senator Inhofe. That's good. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Inhofe.
Senator Nelson.
Senator Nelson. Thank you, Mr. Chairman.
Ms. King, you heard me make comments about Takata air bags.
How long have you been on the Board?
Ms. King. Seven and a half months, since I joined NHTSA.
Senator Nelson. OK. And are you in a position of Acting
Chairman?
Ms. King. The Deputy Administrator.
Senator Nelson. OK. And given the fact that, as I cited,
three deaths in Florida, 80 some injuries nationwide,
altogether that's 15 deaths, and 265 injuries, so we've got a
problem. This air bag in the middle of the steering wheel when
it is older and when it is subjected to humidity, the ammonium
nitrate starts to degrade and the humidity affects it so that
when you have a fender bender, it explodes with such force that
it explodes the metal casing and suddenly it becomes a grenade
in the face of the driver or the passenger and that's how a
number of these deaths occurred.
There was a slight fender bender in the middle of an
intersection in Orlando. When the police got there, they
thought it was a homicide because the lady's neck had been
severed. They then to come to find out it's the shards of metal
with that explosive force that had cut her jugular.
Now that's what we're facing. Fifteen deaths already in the
U.S. So the automobile makers have gone through the first round
of notifying people but they haven't really followed up and
still there are 1.3 million of these at-risk Takata air bags,
the older bags.
We've got to get the agency to do something about it. The
National Highway Traffic Safety Administration is going to have
to do something about it.
Now you want to be on that. We need the automobile makers
to present public plans to detail the specific steps of how
they will complete these recalls of 1.3 million. All right. You
get the picture.
To stop the deaths and needless injuries, will you commit
today to immediately ask all the affected automakers to submit
detailed public plans with specific steps that they will take
to improve and bring to an end the recall rates?
Ms. King. Senator, I have already invited each of the
manufacturers to present their plans to me and those meetings
are on my calendar.
Senator Nelson. OK. Now I speak English and the question
begs a yes or a no. Is that a yes?
Ms. King. Yes, I am meeting with each of the auto
manufacturers to go through their detailed plans to complete an
effective recall and replacement of each and every one of these
air bags. Those meetings are on my schedule now.
Senator Nelson. The question, however, is do you commit to
ask them to submit detailed public plans with specific steps?
Ms. King. Within the constraints of law, I realize with
manufacturers and with private enterprises, there may be
confidential business information or other information that
they would either not be allowed or should not release, and I
would not commit to compelling them to release confidential
business information.
But you have my absolute commitment to continue to press
each and every one of the manufacturers until each and every
one of these dangerous air bags are replaced.
One year ago today, the completion rate was 35 percent.
Today, we're at an overall completion rate of this recall of 58
percent. While that's a tremendous increase, tremendous
progress has been made in the past year, it's not good enough.
Both you and I agree on that. That's why I'm so
appreciative of your partnership and the work you have done to
raise awareness in your state, your state being one of the ones
most effective. Your press release educating the public last
month about checking for open recalls and what to do if they
see one was very important to each and every one of the men and
women of NHTSA who go to work each day wanting to see each of
these dangerous air bags replaced before another person is hurt
or killed.
Senator Nelson. Mr. Chairman, I'm going to need some more
time here because I have not interrupted Ms. King. The National
Highway Traffic Safety Administration is for the safety of
people and I just don't understand how this is such a hard
question for you to answer.
Either you are, yes, going to press them for a public plan
and you talk about what has been done within the last year.
This problem started 4 years ago, and there are still over a
million vehicles out there.
This is life and death of the American automobile drivers
and passengers. Why is that such a difficult question for you
to say, yes, I'm going to ask them? I'm going to ask them and
I'm going to commit to push them to come out with a public plan
to finish up these 1.3 million bags?
Ms. King. Senator, I don't disagree with you. I understand
the keyword here is ``public.'' I will ask each of them to make
public their plans and provide for that transparency.
It would be a responsible and reasonable thing for each
manufacturer to do, to make sure they're public about their
intent and their processes by which they see that each and
every one of these dangerous air bags are replaced.
As I mentioned, I have scheduled meetings with each one of
them to go through their plan and to the extent that they have
information that can be made public, I will encourage them to
do so.
Senator Nelson. Do you think they ought to be replaced?
Ms. King. The air bags absolutely have to be replaced, if
they're subject to recall. If they've been found to be
dangerous, each and every one should be replaced, and I
appreciate your support in raising awareness, and I'm going to
put in a plug. Everybody should call 888-327-4236, to check
whether or not their vehicle is subject to recall and act
immediately to replace dangerous air bags.
Thank you for your support.
Senator Nelson. Thank you.
The Chairman. Thank you, Senator Nelson.
Senator Wicker.
STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you, Mr. Chairman.
Mr. Gruters, let's talk about restoration of Amtrak along
the Gulf Coast.
The Omnibus Bill recently passed by the Congress and signed
by the President provides for grant funds for restoration of
passenger rail service. We haven't had this on the Gulf Coast
since Hurricane Katrina.
Amtrak CEO Richard Anderson sent a letter to CSX expressing
support for restoration along the Gulf Coast. The Southern Rail
Commission and the Gulf Coast Working Group are to be commended
for the steps they've made in making this work and the Gulf
Coast Working Group pointed out that the mega-region that this
would serve, the population is expected to increase by 10
million people in the next 30 years.
So let me just say I support this. We cannot do it without
strong partnership with Amtrak.
Are you willing to be a strong partner with us in this
respect?
Mr. Gruters. Thank you very much, Senator, and I'll tell
you as a Floridian, I look forward to working with you on this
issue to try to find a reasonable way to make this work.
I know over the past 2 years, that you and Senator Nelson
have both worked on Appropriations to make sure that the
funding was there to restart this, and I will tell you as soon
as my nomination was announced, small towns started requesting
meetings with me and to share the importance it is for them to
get this specific trail up and running.
So you have my commitment to working with you and your team
to do everything we can in a reasonable way to make this work.
Senator Wicker. Given that there is high demand for this
route and the local community is willing to kick in to provide
a portion of the funding, do you have an opinion yet as to
whether this is an economically viable route for Amtrak?
Mr. Gruters. Unfortunately, I am not on the Board yet, but
I will tell you as a CPA, looking for efficiencies is certainly
going to be important, but like I said, as a Floridian and
having this route go across our entire state, the northern part
of our state, I'd like to see it put back into place, and I
will certainly work with you and your team and the Amtrak
leadership to try to make it happen.
Senator Wicker. You know, we think we can do the Mobile and
New Orleans route first and then on to Tallahassee and points
east.
There's another route in my home state I want to call to
your attention and Members of this Committee and that's the
City of New Orleans. It runs from New Orleans on up to Chicago.
I was on this train recently.
I want to invite you and other members of your Board to
join me in riding this train. I think it would be an education
to see the amount of people that depend on this.
So what do you say I meet you in McComb, Mississippi, and
we'll get on in the City of New Orleans? We're going to go to
Jackson, up to Greenwood, the new stop at Marks, and I'll jump
off at Memphis. Is that something that you'd be willing to look
at and look at the service that we would provide and look at
the individuals that depend on this service? Would you be
willing to do that?
Mr. Gruters. Absolutely, sir, and I would certainly welcome
the opportunity to ride a train with you for a couple hours.
Senator Wicker. Good. I think that would be great and so
let's do that.
Let me just ask about the Host Railroad Performance Report
Card. There's some good news and some bad news in this respect.
In Fiscal Year 2017, long distance trains were on time at
stations only an average of 47 percent of the time. So there's
a problem with ridership. We might look at that.
Report Card grades: Canadian Pacific got an A, BNSF--B+,
Union Pacific--B-, CSX--C, Norfolk Southern--F, Canadian
National--F. So a wide range of grades as I guess we have in
every grading system.
One important issue--this is an important issue facing
Amtrak. Are you aware, Mr. Gruters, that The Wall says Amtrak
has preference over freight rail in using a rail line but there
has been an issue about this?
Mr. Gruters. Yes, Senator, I am, and certainly reliability
is critical in making sure that we retain customers.
We need to have open communication and strong collaboration
with our partners to make sure that we get some of these issues
worked out so we can improve our on-time performance.
Senator Wicker. OK. Well, I thank you very much. I've got,
Mr. Chairman, I've got questions about public safety and
highway safety and the clock has ticked along.
So I will submit those for the record. The witnesses should
be aware that I'm just as interested in their issues, so I'll
submit those.
Thank you for your indulgence.
The Chairman. Senator Moran is up next.
STATEMENT OF HON. JERRY MORAN,
U.S. SENATOR FROM KANSAS
Senator Moran. Mr. Chairman, thank you very much.
Ms. King, it's good to see you again. Thank you for your
testimony in front of our Subcommittee and I look forward to
continuing to work with you in that regard.
I'm going to direct my efforts this morning to Mr. Gruters,
as well.
You and I had a conversation prior to the hearing and I
appreciate that conversation, but I want to highlight for you a
problem that I'm taking very seriously that's developed just in
the last few weeks that involves Amtrak and the Southwest
Chief.
The Southwest Chief makes 31 stops between Chicago and Los
Angeles. Those stops include of concern today places in Kansas,
Colorado, and New Mexico, and our communities and our states,
those three states, have over a long period of time pursued
efforts with BNSF, the Class 1 Carrier, and Amtrak to develop
and maintain, to improve the quality of the rail in those three
states.
It has been a cooperative effort with Amtrak and it has
involved communities in my state, such as Garden City and Dodge
City, and we've now been successful in acquiring three TIGER
Grants beginning in 2014 and the most recent one was just
announced by the U.S. Department of Transportation.
So we have been working with the railroad and Amtrak to
improve the maintenance of those rail lines and improving
therefore the quality of Amtrak service.
Unfortunately and disturbing to me, Amtrak administration,
the leadership has announced they will not complete their part
of the bargain on the last TIGER Grant and while there can be,
as I indicated to you, a discussion about the value of long-
term rail service through Amtrak in this country, that can be a
philosophical discussion, it can be a practical one.
In my view, there can be no value discussion in keeping
one's word, and in my view, Amtrak has reneged on what it
committed to do and it has raised the attention of my
colleagues from our three states, but I'm of the belief that
Federal agencies, just like individuals, have a responsibility
to behave with integrity, and I don't see that at the moment.
I want to submit for the record here in just a minute an
op-ed piece from Joe Boardman, who is the retired CEO and
President of Amtrak. He retired in 2016 but a long history in
providing leadership in the rail world.
His point in his column is, ``Amtrak has informed elected
officials in Colfax County, New Mexico, that it will not
provide its match for a recently awarded congressional grant
intended to sustain the operation of the Southwest Chief.''
This, I'm quoting Mr. Boardman, ``This directly undermines
a Federal grant program that,'' while he was Amtrak President,
``he brokered with BNSF to improve the route used by the
Southwest Chief to benefit Amtrak and freight trains.''
He says, ``A pattern is emerging of Amtrak management and
its Board of Directors seeking on its own and without public
input and transparency to hog all Amtrak Federal financial
assistance to be used elsewhere, to shorten Amtrak's long
distance routes so as to shift costs to states, ultimately
destroying Amtrak's national inter-connectivity. The Southwest
Chief issue is a battleground whose outcome will determine the
fate of America's national interconnected rail passenger
network, highlighting or heightening the importance of this
issue, which suggests to me that there may be a change of
attitude and approach at the Amtrak Board and its senior
leadership that would be contrary to the congressional mandate
about national rail passenger service.''
So, Mr. Gruters, let me just use this as an opportunity
first to highlight the problem and then to ask you for any
thoughts or suggestions you might have, should you be confirmed
as a Member of that Board, how do you react to what I have told
you this morning and before we met and now in this hearing?
Mr. Gruters. Thank you very much, Senator, and certainly
from what you're describing, it seems to be very frustrating
and what I will tell you is the unique thing about being a
Member of the Board of Amtrak is you essentially have a
fiduciary responsibility as a corporate officer to the company,
but we have our mission set forth by Congress.
So I will look forward to working with you and your team
and the Senate to try to make sure that agreements are upheld
and that we do the right thing at the end of the day.
Senator Moran. Mr. Gruters, let me also highlight for you
that this past week, Amtrak announced that they were
eliminating the only position in Topeka, a ticket agent, one
employee of Amtrak, the only person that works there. That
position is being eliminated, and I would ask your cooperation
in working with me now before your confirmation and if you
become a Member of the Board to pursue this additional
reduction in service.
I've been involved in trying to help save the Postal
Service and it seems to me too often that we have a
circumstance in which we reduce the service, expecting then
there to be better days.
You cannot reduce service and expect customers to arrive at
your doors and Amtrak is demonstrating that in my view in both
instances.
Mr. Chairman, I'd ask unanimous consent to have the letter
of the op-ed piece of Mr. Boardman submitted for the record.
The Chairman. Without objection.
[The information referred to follows:]
https://www.railwayage.com/passenger/intercity/amtrak-where-is-the-
public-input-where-is-the-transparency/#
Railway Age--May 10, 2018
Amtrak: Where is the public input? Where is the transparency?
Written by Joseph A. Boardman
Having spent much of my productive life at the state and Federal
levels observing, studying, regulating and then leading a rail
management team, I am appalled with what increasingly appears a
unilateral violation of the public trust by Amtrak's current leadership
to dismantle our interconnected, intercity rail passenger network,
beginning with hollowing out of its long-distance passenger train
service.
Amtrak is not a privately held corporation whose fate is to be
determined by a few individuals behind closed doors. It was created by
the people and for the people and is funded by taxpayers who help to
supplement Amtrak's fare box revenue. Amtrak provides a cherished
public service, with opinion polls repeatedly validating support for
its existence and even expansion.
The role of Amtrak leadership is to operate the railroad and its
various lines of business safely, efficiently and in accordance with
congressionally approved statutes. It is the role of congressional
lawmakers who answer to the public to determine the fate of Amtrak, and
only through a transparent legislative process.
From materials I have seen submitted to congressional staff, Amtrak
management has begun surgical communications in a way that does not
provide a transparent discussion of what management is doing or
intending to do. Quite the opposite of being transparent, Amtrak
management is limiting the substance of public briefings, denying
journalists access to relevant management officials and making
decisions in isolation.
Evidence points to a covert effort to divide Amtrak's political
constituencies and create distrust and discord. Consider a current
effort by Amtrak management to convince opinion leaders and decision
makers that providing service via the Southwest Chief passenger train,
which makes 31 stops between Chicago and Los Angeles, is somehow too
costly.
Confirming this intent to eliminate the service, Amtrak has
informed elected officials in Colfax County, N.M., that it will not
provide its match for a recently awarded congressional grant intended
to sustain operation of the Southwest Chief. This directly undermines a
Federal grant program that, while Amtrak president, I personally
brokered with BNSF CEO Matt Rose to improve the BNSF route used by the
Southwest Chief--a joint benefit to freight trains and Amtrak.
Additionally, Amtrak management is engaged in ``weaponizing''
safety to attack more broadly Amtrak's long-distance network. Under a
facade of ``safety first,'' there are threats to discontinue Amtrak
operated passenger trains by Dec. 31, 2018, wherever Positive Train
Control is not installed and operating. That is neither acceptable nor
responsible.
Yet on route segments--some 100-miles or longer--where the Federal
Railroad Administration (FRA) has decided to exclude a requirement for
PTC, Amtrak responsibly intends to utilize a highly respected Federal
Aviation Administration safety program to assess risks.
Certainly, commuter carriers operating in the congested Northeast
will continue operating on non-PTC equipped track beyond the Dec. 31,
2018, deadline for its installation because other FRA safety measures
will govern operation.
Halting New Jersey Transit or Metro-North commuter railroads
because a PTC deadline cannot be met and other safety measures are in
place would be ridiculous. If commuter carriers in the Northeast can
continue operating beyond the Dec. 31, 2018, PTC deadline, then
certainly the Southwest Chief can, also.
Indeed, there is additional mitigation for safety risks, such as
Automatic Train Stop or even solar powered switch position indicators.
And, yes, it will take time and funding, but neither Amtrak management
nor its board of directors has made clear whether service would be
continued while those mitigations are funded and completed. If it is
not made clear by July, then Amtrak management and its board is
validating my allegation of ``weaponizing'' safety to attack Amtrak's
national interconnected passenger train network.
Make no mistake: I am strongly in support of Positive Train Control
technology, and my record as the Nation's rail safety regulator speaks
for itself. Safety conscious railroaders know that PTC is not an off-
the-shelf technology, and where the FRA has allowed extensions and
exclusions, there are available safety mitigations.
A pattern is emerging of Amtrak management and its board of
directors seeking, on its own and without public input and
transparency, to hog all Amtrak Federal financial assistance to
complete Northeast Corridor (NEC) rail projects such as the Gateway
Program, to procure new ``city pair'' trainsets for off-NEC operation,
and to shorten Amtrak long-distance routes so as to shift costs to
states, ultimately destroying Amtrak's national interconnectivity.
I think current Amtrak management and its board of directors have
drawn a line in the sand at the foot of Raton Pass, targeting the
Southwest Chief as their first--but not last--long-distance train to
target for cutting.
The Southwest Chief issue is the battleground whose outcome will
determine the fate of American's national interconnected rail passenger
network. Said more simply, the battle is Raton Pass vs. Gateway. The
history of public policy toward Amtrak is that you cannot have one
without the other.
Congressional leaders have long asserted that without support for
Amtrak's long-distance trains, Federal support for the Northeast
Corridor will evaporate.
While there is eminent good reason to fund Northeast Corridor
projects, there is equivalent good reason for preserving daily train
service to, for example, Dodge City, Kan., La Junta, Colo., and Havre,
Mont., where the economic impact is significant and other options non-
existent.
Ignoring the political process and unilaterally abandoning service
linking Denver with Albuquerque and Los Angeles is equally absurd and
would not survive a transparent public process were it allowed.
Joe Boardman retired in 2016 after eight years as Amtrak president
and CEO, making him second only to W. Graham Claytor Jr. as Amtrak's
longest serving CEO. Previously (June 2005-December 2008), he was
President George W. Bush's Federal Railroad Administrator. Earlier,
Boardman was the longest serving Commissioner of Transportation in New
York State history. In 2014, he was Railway Age's 51st Railroader of
the Year.
Senator Moran. Mr. Gruters, thank you.
Mr. Gruters. Thank you.
The Chairman. Thank you, Senator Moran.
Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Chairman Thune.
Thank you to each of our nominees for your willingness to
serve our country and, if confirmed, I look forward to working
with all three of you on these critical issues.
Acting Administrator King, you and I discussed specifically
how the future of self-driving vehicles holds tremendous
promise for safety, mobility, sustainability.
As you know, Chairman Thune and I, along with a broad
bipartisan group of colleagues, have been working very hard on
the AV START Act, which was passed out of this committee
unanimously. We hope to get action on the Floor soon.
In that law, we are expecting NHTSA to implement the bill,
to oversee it, and move very quickly, and certainly hope I have
your commitment to do that.
Ms. King. You have my commitment to obey the laws issued by
Congress, yes.
Senator Peters. Plus, from our discussion, it's something
that you believe will enhance safety dramatically in this
country and why speed is critical.
Ms. King. Yes, 37,461 of our friends and neighbors died in
traffic crashes in 2016. That is why NHTSA would like to assure
safety but remove barriers to adoption of advanced safety
technologies that can reduce the fatalities and injuries on our
roadways.
Senator Peters. All right. Thank you.
Ms. King, I also believe the U.S. is uniquely positioned to
lead the world in the development of connected vehicles related
to AV, to be able to have those kinds of connections.
There are significant connected vehicle investments
underway currently that will need to move forward even before
we get to fully self-driving, fully autonomous.
So my question to you is, do you support and will you
actively advocate for preserving the full 75 megahertz of the
5.9 gigahertz spectrum for V2V as well as V2X technologies?
Ms. King. Yes, I do hope that the safety spectrum will be
preserved for its use in safety applications in transportation.
Senator Peters. Could you also please provide a status
update on NHTSA's ongoing review of the comments that were
received in response to the Vehicle to Vehicle Rule Notice of
Proposed Rulemaking?
Ms. King. Absolutely. There were, as I recall, 460
comments. I actually do read the comments submitted into the
docket, although I have not read all of them.
We have in response to those comments. We're pursuing
further research with respect to some technical areas. In
particular, there's research on interference this month, and I
continue in discussions, both at the policy level and at the
career staff technical level, with my colleagues at NTIA. I've
also spoken with FCC.
Senator Peters. I think there are some folks that have been
very concerned about the lack of direction from NHTSA on this
issue and some of the clarity coming from NHTSA and that's
actually negatively impacting the market.
In fact, I think there's a signal to other countries that
in deploying these critical life-saving technologies, that the
United States is behind.
When do you expect NHTSA to finalize the rule?
Ms. King. As I mentioned, we have some research in progress
that we would like to move forward on first. The Department of
Transportation's position is that we don't want to pick winners
or losers. So we are looking to make sure that we understand
the technologies and their use and any technical issues that
could be considerations in deploying safety applications for
transportation.
You have very much my commitment to work on this. My
colleague at NTIA is a former colleague from our time at House
Energy and Commerce Committee. We're both excited to have the
chance to work together and to move forward expeditiously. We
both prioritize safety on our roadways.
Senator Peters. Well, we've heard the term
``expeditiously'' for a long time now.
Do you actually have a deadline or a time that you are
hoping to achieve this goal?
Ms. King. I hope to have something I can share with you
soon when I come to meet with you with my colleague from NTIA.
As I mentioned, later this month we have research in the field
with respect to interference, which is an important feature of
the use of spectrum for safety technologies.
As you know, if there's interference, the safety
technologies may not work. So the research is ongoing as a
science- and data-driven agency with many engineers. We need to
make sure we get it right and so I will apologize if it has not
moved more quickly during my seven and a half month tenure but
you have my commitment to get it right, to have the safety
technologies in the field that will save lives.
Senator Peters. As we're talking timelines, go back to the
testing of this 5.9 gigahertz, which is critical to bring these
safety technologies forward, as you know, that's been allocated
for autos. This is about life-saving types of communications,
not a faster download of a movie.
This is about saving people's lives and so there has been a
commitment from this committee and members of this committee to
try to move that along quicker. In fact, Chairman Thune sent a
letter to the FCC and DOT and Department of Commerce asking the
testing to be completed, I think, at the end of 2016.
In June 2016, the FCC published a public notice and had
three phases of testing that were to be completed by January
2017. Since then, there has been very little transparency
regarding the status of this testing and, quite frankly, I
think this committee is being ignored when it comes to these
timelines for this testing of critical technology.
You know, I'm out of time right now, but I have a series of
questions for the record that I would hope to get a very quick
response to. This is something that we need to have some
certainty as to where we are and when we will find an end date.
So I will be submitting those for the record, Mr. Chairman,
and when I have your commitment to have a response within a
week or two.
Ms. King. Absolutely, and I look forward to working with
you. This is very important to me, as well.
Senator Peters. Great. Thank you.
Ms. King. Thank you.
The Chairman. Thank you, Senator Peters, and as he pointed
out, Senator Peters and I believe that the introduction of
autonomous vehicles done the right way will dramatically
improve and promote safety in this country and so I hope we can
move forward with that legislation and hopefully ultimately
you'll have the opportunity to implement it.
Next up is Senator Blumenthal.
Senator Blumenthal. Thanks, Mr. Chairman.
Welcome to all of you and congratulations on your
nomination.
Ms. King, are you familiar with the letter that I sent to
you joined by Senator Markey the day before yesterday regarding
keyless ignition systems and the deaths that they are causing
around the country?
Ms. King. Yes, and thank you for that.
Senator Blumenthal. As you are aware, the New York Times
has reported that there have been at least, I underscore at
least, 28 deaths and 45 injuries linked to carbon monoxide
poisoning due to these keyless ignition systems. Drivers leave
the cars running, taking the key with them and the engine
continues to operate literally poisoning them.
I'd like your commitment that NHTSA will launch an
investigation into all of these 28 deaths and any others that
may have occurred.
Ms. King. Senator, we actually may have some materials on
some of those. As you know, it's heart-breaking but hundreds of
Americans die from carbon monoxide poisoning each year because
of combustion in confined spaces.
Senator Blumenthal. Well, that's no excuse, though, for
this----
Ms. King. No, no,----
Senator Blumenthal.--design flaw.
Ms. King.--it's not.
Senator Blumenthal. And I regard it as a design flaw and
it's potentially fixed very easily, virtually costlessly, less
than $5 a car.
I'd like your commitment that you will demand that
automakers install that fix.
Ms. King. I thank you for raising the issue to raise public
awareness. The research that NHTSA has performed to date has
suggested a number of causes to the carbon monoxide poisonings
that we've seen.
I would be delighted to sit and share that information with
you. We will do----
Senator Blumenthal. Are you saying that----
Ms. King.--everything to address the----
Senator Blumenthal.--the New York Times report was
incorrect in attributing those deaths to carbon monoxide
poisoning caused by the engine continuing to run?
Ms. King. The New York Times has not provided me with the
information they were using for their report.
Senator Blumenthal. Well, this is a very simple--I really
think, given the limitations of time and literally the fatal
consequences from this design flaw that it's really a pretty
simple straightforward answer that I'm asking from you.
Your commitment that you will demand that these fixes be
installed, your commitment that you will complete rulemaking as
soon as possible, your commitment that you will raise public
awareness, those three steps, will you commit to them?
Ms. King. Absolutely----
Senator Blumenthal. Yes or no?
Ms. King. Absolutely on Number 3. These issues, carbon
monoxide poisoning in homes are generally not reported to
NHTSA. We are very proactive in finding the information and
learning what we can and pursuing any defect of an automotive
nature that we can. We are responsible for pursuing any
automotive safety issue.
Senator Blumenthal. Would you agree with me that this
design flaw is a defect that should be repaired in every
individual not only because of carbon monoxide poisoning, but
also the dangers of rollovers and other potential deaths or
injuries that may result from an engine that continues to run
when the driver has left it with the key and that design flaw
or defect can be corrected by an automatic engine shutoff or by
a much clearer warning? Wouldn't you agree?
Ms. King. Senator, there are several things inter-related
there. There has been a recall on the roll-away feature with
push-button ignition and separately, yes, NHTSA, whenever it
hears of a safety defect or a potential safety defect, more
than 6,000 reported each and every month, we look into it and
we act where appropriate, where the facts and the science take
us.
You have my commitment, you in fact have the commitment of
each and every man and woman at NHTSA who do this each and
every day, and I understand that the article was very important
to raise awareness and I'm appreciative of that.
The facts are not necessarily in my hands to commit to
those being what they may have been represented as, but I will
track it down and I look forward to following up with you.
Senator Blumenthal. How many deaths due to this defective
feature of those cars are you aware of?
Ms. King. Actually, the CDC reports hundreds of deaths due
to things like space heaters. It might be people with a keyed
ignition pre-heating their car. So it's not only push button,
it's very often keyed ignition. It's very often because someone
is doing automotive maintenance in their--they may be working
on their car servicing it and leaving the engine running while
they adjust things. So it's a problem associated with running a
car in a confined space.
Senator Blumenthal. So you will commit at least--and I
apologize for interrupting, but I am running out of time, in
fact have run out of time. You will commit that NHTSA's Office
of Defects Investigation will begin an investigation, yes?
Ms. King. We will continue to scrutinize the facts and
acting as we are allowed within the law, yes.
Senator Blumenthal. Well, I'm hoping that's a yes.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Blumenthal.
Senator Nelson has a quick question he wants to get in.
Senator Nelson.
Senator Nelson. And then I have to go to another meeting.
Ms. King, here's another example of a defect in the
automobile industry. You are already at the National Highway
Traffic Safety Administration. So you are, if confirmed,
invested with the responsibility of trying to make sure that
folks are safe.
A lot of police departments around the country have Ford
Explorers. Well, what they're finding is the models between
2011 and 2017, have carbon monoxide poisoning coming into the
vehicles. So obviously we need to get this stopped. It's
affecting our police departments. They've had to take all of
these assets and remove them from their fleets.
Will you find out why it's taking so long to get this
corrected and where there are more than a million drivers in
the country with these Ford Explorers, particularly police
officers who are driving those cars every day? We need to find
out if their cars are safe to drive. Will you bring that to a
conclusion?
Ms. King. I'm happy to provide more information on that
ongoing recall. They've made great progress, and I'm looking
forward to sharing more information, yes.
Senator Nelson. I wish you could just say a simple yes or
no. It would be so much more comforting to know that it's not
going to be the fox guarding the hen house, that instead it's
going to be the farmer guarding the hen house, the hen house
being the driving public of America. It would be so nice to
have you just say ``yes, I'm going to get to the bottom of
these traffic problems and automobile problems that are causing
deaths and injuries.''
Ms. King. Yes, I'm going to get to the bottom of these
automobile and traffic problems that are causing deaths and
injuries.
Senator Nelson. Thank you.
The Chairman. Thank you, Senator Nelson.
Senator Cortez Masto up next.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you.
Welcome. Congratulations on your nominations. Welcome to
your family, as well. It's great to see everyone here.
Ms. Homendy, let me start with you, if that's all right.
Obviously you have an accomplished background in rail and
safety issues and given that, you are acutely aware that there
have been various examples of concerning derailments with crude
oil by rail and hazardous materials in recent years.
It's no surprise I'm from Nevada. I'm deeply concerned with
any effort to dramatically expand the movement of spent nuclear
fuel and high-level radioactive waste on our Nation's rail and
highway network.
I've previously submitted a report into the Committee
record that underscores that this hazardous material would be
traveling in close proximity to tens if not possibly hundreds
of millions of Americans, including through 329 congressional
districts, and a vast majority of the Lower 48 states would all
be impacted by shipments to Yucca Mountain in Nevada.
Nearly all of these folks won't have any idea when, where,
or how much is traveling through their communities, and to give
you a sense of this scale, this project would require the
shipment of waste from 76 sites in 9,500 rail casks within
2,800 trains, 2,650 trucks hauling one case each, to Yucca
Mountain, for over 50 years.
But it is the lack of the fool-proof safety of our
infrastructure that I'm concerned with and everyone else in
this country should be, as well.
And so my question to you, is the public provided with
information on the timing of shipments and hazardous wastes
moving through their community? Would the public know that?
Ms. Homendy. No, Senator.
Senator Cortez Masto. And so under the current system,
highly dangerous radioactive waste would be moving on a railway
down the street and families across the country would have no
idea that that is occurring, is that accurate?
Ms. Homendy. That's accurate.
Senator Cortez Masto. And can you speak to what other rail
and labor safety regulatory efforts have been legislated on or
that even have been recommended by the NTSB that have not been
put into effect yet?
Ms. Homendy. Yes, there are a number of measures that have
not been implemented yet. Some were in the 2008 bill, PTC being
one of them, fatigue management plans, and certainly minimum
training standards for rail workers, but even with all of those
implemented, you could not engineer out 100 percent the risk of
transporting nuclear waste, and 75 to 90 percent will be going
by rail. So if an accident did occur, it could be devastating.
Senator Cortez Masto. Thank you. Thank you very much.
Ms. King, I want to talk to you about an issue that has
come to my attention because I've recently received letters, a
number of them, but this one has been signed by a number of
groups, including the League of Conservation Voters and Union
of Concerned Scientists, and in the letter, they state, ``The
recent leap to joint draft proposal for light-duty vehicle
standards for fuel economy and greenhouse gas emissions shows
that NHTSA, alongside the EPA, intends to significantly weaken
the existing standards through model year 2026.
This proposal relies on unjustified cost analysis and data,
flawed safety assumptions, and blatant disregard for energy
conservation and climate change. This proposal would increase
oil consumption by 206 billion gallons of gasoline between the
years 2020 and 2050.
Further, it will put the American industry behind in the
global market where many of our largest competitors, like China
and India, are moving forward with more stringent standards.''
Now Nevadans and all Americans want more fuel-efficient
cars to save them money. In fact, a recent Consumer Union
survey found nearly nine out of 10 consumers want automakers to
continue to raise fuel efficiency, and on this issue of CAFE
standards, in fact, I literally have been visited by automakers
who recently came in and we talked on a number of issues and
they underscored to me that they don't want to have this form
of a rollback in CAFE standards.
Do you believe this is in the interests of the U.S. to
reduce our use of oil?
Ms. King. No, Senator. There was a lot there. There is an
ongoing rulemaking that I'm working with my colleagues at the
Environmental Protection Agency on. There is not a proposal
yet.
We will propose a rulemaking soon for public comment
period. I have seen the press reports you reference. I've not
seen the documents that they believe may have been leaked, but
I can assure you that both the National Highway Traffic Safety
Administration and the EPA are working together on a data- and
science-driven process and look forward to a transparent
process and receiving public comment.
The letters you've received, I would encourage those
commenters to participate vigorously in the process to make
sure that this very important rulemaking is the best possible
in its outcome.
Senator Cortez Masto. Can I ask you, do you agree that
keeping the one national program together is important for
industry certainty?
Ms. King. Absolutely.
Senator Cortez Masto. Thank you.
I notice my time is up. Thank you very much.
Ms. King. Thank you.
The Chairman. Thank you, Senator Cortez Masto.
Next up is Senator Hassan.
STATEMENT OF HON. MAGGIE HASSAN,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Hassan. Thank you very much, Mr. Chair, and good
morning to the nominees. Congratulations on your nominations,
and congratulations to your families, as well. It is a team
effort when you do this kind of work and we are very, very
grateful for your interest and willingness to do it.
Ms. King, I have a couple of questions for you. I enjoyed
our meeting very much the other day, and I enjoyed the
conversation.
I wanted to follow up with you regarding the issue of
autonomous vehicles or AVs, as we are learning to call them. It
is clear that autonomous vehicles hold great promise for
reducing crashes, deaths, and injuries on our nation's
highways.
However, during the 2016 Los Angeles Auto Show, an AV could
not operate because it could not read faded lane markings on
the road. It seems that significant upgrades might be needed on
our Nation's roads to support these vehicles.
What is NHTSA doing to ensure that our infrastructure is
ready for AVs, and will you collaborate with other agencies to
ensure necessary upgrades are made before AVs are widely
deployed?
Ms. King. Yes, I'd like to outline a few things I'm doing.
First of all, we are implementing at NHTSA a Vision for
Safety 2.0. Last September, the guidance that was issued to
allow for transparency around these technologies that are
undergoing innovation and testing.
It's important to remember that there are no automated
driving systems or self-driving cars sold in America today.
This is a technology which is being developed and tested.
A Vision for Safety would allow for transparency into how
each of the manufacturers are assuring safety, to make sure
that the manufacturers and developers tell us how they ensure
that they're not crashing into things, protect the occupants,
get where they're going, and obey traffic laws. That's
important, I think, to each and every one of us.
We're also identifying where our existing regulatory
structure would put a hindrance to safety by having barriers to
adopting more innovative technologies.
We're making expeditious movement on the funding. I thank
Congress for the $6.7 million in funding that is now being
applied to partnerships in research to assure safety in these
technologies, in particular with Virginia Tech University.
We're partnering with industry and with SA to explore
functional safety/system safety software, and to identify the
definition of safe in this new technology
Senator Hassan. Well, I thank you for that, and those are
all important developments.
I think the other issue, though, is how do you collaborate,
both across Federal agencies and with states and local
governments, to make sure that their infrastructure is such
that it can be used effectively with AVs? If lane markings on a
road are so faded that an AV cannot read them, then that is a
real problem, right?
So I think what I would like to do as I move on to my next
question, is ask that you reach back out to my office and help
me understand what kind of collaboration NHTSA is looking at
doing with all the various agencies and governing bodies that
impact infrastructure. Does that sound like something you can
commit to?
Ms. King. I need to tell you about it. Thank you.
Senator Hassan. OK. Thank you.
I also understand, Ms. King, that you have not spoken
publicly about your views on climate change. It is an important
issue to the NHTSA Administrator role because, if confirmed,
you would be dealing with various issues, including CAFE
standards that will require you to strike a balance between
industry needs and the needs of our country and our
environment.
Do you agree with the scientists and experts who
overwhelmingly agree that human-caused climate change is real
and needs to be addressed?
Ms. King. As an automotive and traffic safety regulator,
you have my commitment to be data-driven and science-driven and
thoughtful and transparent in all actions and where it is
necessary for us to consider climate impacts, which is very
important to everyone, I will do so, relying on the experts. I
rely on engineers, attorneys, and others.
Senator Hassan. And I am going to ask you, do you agree
that human-caused climate change is real and needs to be
addressed? There is overwhelming data and scientific evidence,
including a vast body of scientific work, that says that it
does.
Ms. King. I agree that it's very important for experts to
speak on the issue. I apologize. I'm not a climate scientist,
but I have great respect for the discipline.
Senator Hassan. And, Ms. King, I will thank you for that. I
am not a climate scientist either, and I am very comfortable
saying that the overwhelming amount of evidence that I read,
and have read, over the course of my time both as a private
citizen and as a public servant not only suggests but confirms
that climate change is real, and I am a little bit concerned,
and I think other people will be too, that you seem unwilling
to acknowledge that the evidence is there.
So thank you. We will continue this conversation.
Ms. King. Thank you.
Senator Hassan. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Hassan.
Senator Gardner is up next.
STATEMENT OF HON. CORY GARDNER,
U.S. SENATOR FROM COLORADO
Senator Gardner. Thank you, Mr. Chairman, and thank you to
the witnesses for your time and testimony today and your
willingness to serve the country.
Mr. Gruters, do you believe that keeping your word is
important, correct?
Mr. Gruters. Yes, Senator.
Senator Gardner. Do you believe that keeping a commitment
is important, correct?
Mr. Gruters. Yes.
Senator Gardner. You believe that keeping the commitment
that is made by an organization that you represent is
important, correct?
Mr. Gruters. Yes, Senator.
Senator Gardner. As a Director on Amtrak's Board of
Directors, will you support honoring commitments that Amtrak
has made?
Mr. Gruters. Without--thank you, Senator. Without being on
the Board, without looking at the specific commitments, all I
can say is that I will do everything I can as a Board Member to
work with you and your team and to keep whatever commitments
they did make, to make sure that they're followed through on.
Senator Gardner. So let me just--that's a pretty good yes
or no opportunity here.
Mr. Gruters. Yes.
Senator Gardner. If Amtrak makes a commitment, you will
work to uphold that commitment?
Mr. Gruters. Yes, sir.
Senator Gardner. Well, here's a commitment that Amtrak
made. Amtrak strongly supports this application, referring to
the Southwest Chief, as a continuation of the already-funded
portions of the Southwest Chief Route Improvement Project under
TIGER VI and TIGER VII.
So they made a commitment. They supported that Amtrak is
prepared to assist the states and BNSF in developing and
completing such an agreement. So Amtrak made this commitment to
provide $3 million as part of the TIGER IX Grant.
Do you agree Amtrak should follow through with that
commitment?
Mr. Gruters. Yes, and although that I'm not on the Board
yet, so I don't know all the particulars of that specific----
Senator Gardner. Well, they made it.
Mr. Gruters. If they made a commitment, the answer is yes,
they should follow through on the commitment.
Senator Gardner. Thank you.
Mr. Chairman, I would ask that I be allowed to submit this
letter of Amtrak, October 13, 2017, with their commitment for
the record.
Thank you.
The Chairman. Without objection.
[The information referred to follows:]
National Railroad Passenger Corporation (Amtrak)
October 13, 2017
Bill Sauble,
Chairman,
Colfax County Commission,
Raton, NM.
Dear Mr. Sauble:
Dear Chairman Sauble and Colfax County Commissioners;
The National Railroad Passenger Corporation (Amtrak) would like to
take this opportunity to express its support for the Southwest Chief
Route Improvement Project (``the Project'') grant application you are
submitting in response to the Notice of Funding Opportunity for the
United States Department of Transportation's (USDOT) National
Infrastructure Investments under the Consolidated Appropriations Act,
2016, a program also referred to as ``TIGER Discretionary Grants.''
This Notice announced the availability of $500 million to be awarded by
USDOT for infrastructure projects that will have a significant impact
on the nation, a metropolitan area, or a region.
Amtrak strongly supports this application as a continuation of the
already funded portions of the Southwest Chief Route Improvement
Project under TIGER VI and VII. AS you know, Amtrak, along with
numerous municipalities, the BNSF, and other local community
organizations, has supported previous applications with a financial
contribution to the Project. Amtrak will offer a $3 million match
towards the project costs if the grant application for the requested
amount is successful. Before Amtrak will fulfill this contribution, a
comprehensive financial plan and accompanying commitments by relevant
states and BNSF for the remainder of the infrastructure investments and
associated additional maintenance costs for this route in New Mexico
must be completed. Amtrak is prepared to assist the states and BNSF in
developing and completing such an agreement.
Based on the information made available to us regarding the
project's eligibility, and subject to the development of such project-
specific agreements as USDOT and Amtrak may require, we strongly
support this application as a potential candidate for funding. It is
Amtrak's expectation that, prior to the obligation of grant funds for
this project, the County of Colfax, New Mexico, BNSF and Amtrak will
enter into appropriate agreements setting forth our roles and
responsibilities with respect to the project, with terms acceptable to
Amtrak
The advancement of the Southwest Chief Improvement Project will not
only significantly improve our Nation's transportation infrastructure,
but will also contribute to the economic competitiveness of the United
States. We appreciate your leadership in filling this application and
look forward to working with you on this and future opportunities to
improve intercity passenger rail transportation.
Sincerely,
William N. Feidt,
Executive Vice President, Chief Financial Officer.
Senator Gardner. And I just appreciate that because the
grant was given. It was announced. It was announced to us and
I'd appreciate your commitment to that grant and the commitment
that Amtrak made. So thank you. Thank you for that.
I look forward to working with you on many issues as it
relates to the Southwest Chief improvement. You've got Kansas,
Colorado, New Mexico that have made significant improvements,
commitments of state dollars, Federal dollars that have been
going to it, very important.
I'd also ask unanimous consent, Mr. Chairman, that a letter
from the Rail Passengers Association be submitted for the
record. This talks about the fact that Southwest Chief's
ridership is up 14 percent from 8 years ago in 2009. It talks
about the Chief's performing in the top part of the routes that
Amtrak has. It talks about the concerns that some of the
decisions that Amtrak may be making. Just ask this be submitted
for the record.
The Chairman. Without objection.
[The information referred to follows:]
Senator Gardner. Thank you, Mr. Chairman.
I do appreciate, Mr. Gruters, your commitment to the
commitment that Amtrak has made.
Ms. King, talked a little bit about the conversation we had
in our office. In your written testimony, you mentioned that in
March, NHTSA hosted a summit to launch an initiative aimed at
curbing drug-impaired driving on our nation's roadways.
As you know, Colorado, like many other states, has moved to
legalize recreational marijuana. With that, our state has
sought to ensure the safety of our communities, including on
our roadways.
We know that when an individual uses marijuana, they become
impaired. However, it seems that there are still many
unanswered questions regarding how and when that impairment is
realized, particularly as it relates to motorists, and that we
have more work to do to equip law enforcement with the tools to
identify and prove impairment, the testing that occurs, and
some of the challenges around finding the right science to make
that happen.
Could you share with me and the Committee how NHTSA's
working to curb drug-impaired driving, specifically marijuana-
impaired driving?
Ms. King. Absolutely. And thank you for that question,
Senator. It's a very important issue and emerging throughout
the United States.
There is research ongoing and supported by NHTSA with
respect to the tools that might help identify and provide
chemical evidence, such as testing oral fluids or saliva, for
the presence of THC or marijuana.
There's also research being supported that will allow field
sobriety tests that may identify impairment from drugs or
substances other than alcohol.
In addition, we're working very closely with the states.
This being a highway safety issue, it came to me from my
conversations with states, the experts in our communities who
are seeing this on our highways. Some of them have already
innovated either laboratory protocols for testing or other
tools that they can use.
We have the ongoing Drug Recognition Expert Program that
NHTSA is very excited about to supply peace officers with
training to be able to better identify the signs and symptoms
of a drug and non-alcohol impairment.
So there are many pieces of work in progress. We look
forward to looking back many years from now and saying we
remember when that was a problem but we will have hopefully
made the same progress as we've been making with alcohol and
providing the tools to the field.
Senator Gardner. Great. Thank you, and I would just ask for
your commitment to work with myself and others on the Committee
facing the same situation we do in Colorado, how to deal with
it and how to move forward with these kind of solutions.
Ms. King. Yes, it would be my honor to do so.
Senator Gardner. Thank you, Ms. King.
Thanks, Mr. Chairman.
The Chairman. Thank you, Senator Gardner.
Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman.
Mr. Gruters, congratulations on your nomination. I hope you
are aware that at the end of 2017, we had a horrific Amtrak
derailment in Washington which killed three people and put I-5
into a devastation of debris and shut down.
So I wanted to ask you on the important issue of positive
train control, will you work with Amtrak to continue the PTC
system before the deadline of the end of the year?
Mr. Gruters. Senator, no question, I think safety is the
top priority of Amtrak. It's my top priority. PTC is important
technology. I think it's the most important issue facing Amtrak
and it needs to be baseline. It needs to be the standard and
not something we work up to but what everybody is based off of,
and I will tell you that the Amtrak CEO Richard Anderson has
done an amazing job at safety.
He has already hired a chief safety officer. He's putting
in place a safety management system, and I think a lot of these
safety issues, hopefully with the high level of scrutiny and
news that's come about as a result of these recent accidents,
has led to Richard Anderson really taking an active role in
this.
Senator Cantwell. So you'll continue to work with the
partners and everybody to push them to meet that deadline?
Mr. Gruters. Yes, Senator.
Senator Cantwell. Thank you.
So on the issue of engineers and conductors and adequate
training, I mean obviously PTC is going to play an important
role, but do we need to continue to have adequate training and
familiarity with routes?
Mr. Gruters. There's no question that plays into PTC and
also goes back to the fact that the CEO Richard Anderson has
already put in place a chief safety officer. They're
implementing the safety management system at Amtrak and I think
that was an industry-wide practice that hopefully will solve
some of these issues long term and on the short term.
Senator Cantwell. And you're saying that that person's
responsibility is that conductor and engineer awareness? Is
that what you're saying?
Mr. Gruters. The chief safety officer I think is helping to
implement the safety management system which takes into account
all these issues.
Senator Cantwell. OK. Ms. Homendy, is that correct? Is that
the right way?
Ms. Homendy. Yes.
Senator Cantwell. We've had this unbelievable reduction in
aviation fatalities from 1998 to 2008, like, I think, 50
percent or something like that, but on the global--this is U.S.
versus the global.
So what do we need to do to make sure that the larger
safety for aviation is there on a global basis?
Ms. Homendy. Thank you for the question, Senator. As you
know, the last 14 years I've spent focusing on rail, pipelines,
and hazardous materials, and I'm very eager to learn more about
aviation safety.
I know that there were some recent incidents and the NTSB
is investigating the one involving Southwest. So I need to be
very careful about what I say so I don't prejudice that
investigation.
But what I will say, if confirmed, I look forward to
working with you and I know that Senator Nelson had recently
sent a letter to the DOT IG to review FAA's oversight of
aircraft maintenance and I very much look forward to reviewing
those findings and, if confirmed, I look forward to working
with you and the Committee on aviation safety issues.
Senator Cantwell. Thank you. You're reminding me I was
supposed to, on behalf of the Ranking Member, enter into the
record some letters from our colleagues in the House regarding
some of the nominees and their testimony.
If I could enter----
The Chairman. Without objection.
[The information referred to follows:]
Senator Cantwell. Thank you, Mr. Chairman.
I could ask you, too, about positive train control and the
implementation of that.
We definitely want to be very supportive of that
implementation and I would also ask you to look at the fact
that we were able to use drones and various information at the
crash site to give people more immediate information. So I hope
that you will look at that as an application for developing a
case and information.
The reason I'm saying that is it impacted I-5 and if that
would have gone on for days, it would have been hundreds of
millions of dollars. The fact that law enforcement, Joint Base
Lewis, McCord, everybody was able to work together there. I
think they then gave you the information that you needed and
them to make so that they could then work at removing those
rail cars from I-5. So I just would ask you to look at that.
Ms. King, I also wanted to say there are a lot of rules
that we just don't have. The rule on child latch resistance
system, rule on child restraint system, rule on seatbelt for
rear seats, a rule due on 2016 manufacturers to use electronic
means to communicate, recalls.
Could you explain what are the delays in these important
safety rules?
Ms. King. Thank you for the question, Senator. I cannot
speak to the cause of the delays before I stepped into NHTSA,
but I can assure you that we're working on those rulemakings
now.
Already this past January, we were able to take action on
eight directives out of the FAST Act. We've launched tools as
required. So we've accelerated our pace and will continue to do
so.
Senator Cantwell. Is there a ranking of these and when you
are likely to issue them?
Ms. King. We post the dates publicly on the regulatory
agenda. That was just updated last week. So all of them would
be listed there with our estimated dates.
Senator Cantwell. So which ones are the priorities for next
implementation?
Ms. King. I'd be happy to walk through the regulatory
agenda with you. So, forgive me, I think we might have between
40 and 60 rulemakings in progress, so there are quite a few.
Senator Cantwell. Here's what I will say to that, that
having worked with the Coast Guard on a plethora of
regulations, we don't want the plethora to be no measurement on
progress.
What I think is helpful is every agency has their
challenges, is to see just what that prioritization is and
date. So I'll look, if you're saying that information exists,
on a website. I'll look forward to it, but I think what we want
to see is, since these are so important to the driving public,
that we have a time sense of when they're actually going to be
ready for implementation.
So I see my time has expired. Thank you.
The Chairman. Thank you, Senator Cantwell.
Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Mr. Chairman. Thank
you. I had another hearing, so I'm glad to be back.
I recently wrote a letter to Honda asking for an update on
the remaining alpha inflators and their plans to locate them.
Honda estimates that there are 514 alpha inflators in Minnesota
and 14,826 nationally. As you know, these are some of the most
dangerous and hardest-to-locate Takata air bags.
Ms. King, what can NHTSA and the independent monitor do to
support manufacturers in their efforts to locate these
remaining alpha inflators?
Ms. King. Today in the City of New York, the independent
monitor is meeting with the manufacturers of vehicles that have
these dangerous air bags, sharing best practices, and I believe
that maybe one of the topics of discussion.
I expect to sit with manufacturers and discuss their next
steps and their plans, their more aggressive plans soon, as
well.
Senator Klobuchar. OK. In Minnesota, we have large Somali,
Hmong, and Liberian populations. Does NHTSA have plans to
expand the languages that it supports for Takata resources
beyond English and Spanish?
Ms. King. That is a point that we are now considering in
our conversations with the manufacturers. I know that many of
our materials or many of the materials by the manufacturers may
be translated in their local efforts. I have not had that
conversation with them but I will.
Senator Klobuchar. OK. Consumers can be our eyes and ears
on the road when it comes to identifying safety-related
defects.
If confirmed, what steps would you take to improve NHTSA's
consumer complaint review process?
Ms. King. Thank you for that question. As a career risk
manager, I take very seriously the principles and best
practices of risk management.
NHTSA has recently changed the way they review the more
than 6,000 consumer complaints received each month. Their
continued assessment is very important, most importantly the
tone from the top.
If confirmed, I can offer a tone from the top, the
engagement, and the openness to criticism that allows us to
identify where we can do better, so that we'll be in constant
improvement.
Senator Klobuchar. OK. You and I have talked about
distracted driving before. It's one of my big priorities.
Data shows a 5.6 percent increase in traffic fatalities
from one year to the next from 2015 to 2016. I still think
there's under-reporting across the country. Many states don't
include a field to note cell phone use or distraction as a
possible cause of a crash.
What role do you think NHTSA plays in combating distracted
driving? Do you think there's an opportunity to improve the
quality of data because if I can show some of my colleagues the
data or they can in state legislatures, I think we'll get
better laws in place?
Ms. King. First of all, thank you to Congress for the
additional resources in the FAST Act that have allowed us
additional support for states on this particular topic.
Distracted driving is very difficult to establish and can
come from many sources and because of that, in our different
data collections, the numbers can be very different, and I
believe you're correct. They're under-reported.
We have recently completed a Naturalistic Driving Study
that gives us more detailed information, in fact, that text
messaging or telephone calls can increase crash risk by two or
three times, but what we are doing next is we're launching a
study to better understand the causes of a crash in today's
technology with the technology people have in their hands
today.
The last thorough study we did of crash causation was in
2005-2006. It's time for us to update that based on the
technologies and vehicles on the road today and we're now
working on a plan to launch such a study.
Senator Klobuchar. OK. Thank you.
Ms. Homendy, the National Transportation Safety Board
includes the reducing fatigue-related accidents on its 2017 to
2018 Most Wanted List of Transportation Safety Improvements,
and I reintroduced the Safe Skies Act, which I worked on with
Barbara Boxer for many years, and this bill would take the rest
requirements put in place for passenger pilots after the Hudson
crash and apply them to cargo pilots who, despite using the
same runways and air space, currently have lose or rest
requirements. This is one where Captain Sullenberger has joined
us in supporting this change.
Is dealing with pilot fatigue a priority for you and the
NTSB?
Ms. Homendy. Yes, Senator.
Senator Klobuchar. And what do you think we should do about
it when it comes to cargo planes?
Ms. Homendy. I think there should be scientifically-based
hours of service standards that also apply to cargo pilots.
Senator Klobuchar. OK. Thank you.
The rail crossings, rail crossings, as you know, can delay
or prevent emergency medical services, keep drivers stalled. I
included a provision in the FAST Act to help address the safety
risks associated with blocked rail crossings.
It's an ongoing problem in my state. Sometimes rail comes
in or we might get an overpass, something happens, but it's
still a problem and we see potentially increased trains coming
in, and depending on what happens with oil in North Dakota, a
lot of it comes through and we know that energy production is
there and it's American energy production, but, again, we have
to be able to be ready for that production and just as we are
when there's an increase in ag products or an increase in
ethanol and biofuels.
The NTSB has previously issued recommendations on crossing
technology and investigated several crashes.
Are you committed to addressing blocked rail crossings at
the NTSB, and what can the NTSB do to promote safety at rail
crossings?
Ms. Homendy. Yes, Senator, I am committed to that and there
are definitely a number of things that can be done to improve
grade crossing safety.
Certainly the safest grade crossing is no grade crossing at
all and that takes resources and funding in the Section 130
Program, but I think, in addition to that, the NTSB has
recommended active warning devices be installed, like lights
and gates.
I do think enforcement and then education campaigns. I do
know that FRA and NHTSA have a current education campaign
called Stop. Trains Can't. So I'm interested in looking at
that, as well, but I am familiar with your issue on blocked
crossings.
I think when I worked for Chairman Oberstar, I think it was
Ore, Minnesota, who had a specific issue with that.
Senator Klobuchar. That's very specific research. That is
good.
Ms. Homendy. But in my current role, Mr. DeFazio had asked
GAO to do a report on longer trains and blocked crossings and
I'm eager to hear what the GAO finds on that and happy to work
with you, if confirmed.
Senator Klobuchar. Mr. Chairman, could I just do one more
question of Mr. Gruters?
I will put one on the record about policy changes on
private car service, but I had one question on long distance
service.
Our intercity passenger rail system carries more than 30
million passengers each year, as you know. In Minnesota, the
Empire Builder provides a vital link to many rural towns.
Amtrak service helps students get to college, workers to job
centers, tourists to travel. For cities, like Winona,
Minnesota, where Amtrak has a station, and all the other towns
along the Empire Builder, long distance passenger service
provides an important economic boost.
Mr. Gruters, what would you do to ensure Amtrak continues
to offer quality services for passengers that rely on these
long distance routes that are not on the coast?
Mr. Gruters. Thank you, Senator. I support long-term rail.
I'm open minded on it, and I think our CEO Richard Anderson has
a vision for the future and I think rural communities do need
access. A lot of times, it's these rail stations that provide
the main access in and outside of passenger automobiles.
So I will also say as a CPA, hopefully I'll bring my unique
skill set to try to create some efficiencies so we can ensure
the long-term success and survival of these long-term routes.
Senator Klobuchar. Thank you very much.
Mr. Gruters. Thank you.
The Chairman. Thank you, Senator Klobuchar.
And we're hoping to improve Amtrak service into South
Dakota, too.
Senator Klobuchar. And what is that service now?
The Chairman. It's non-existent.
Senator Klobuchar. That's what I thought. That was why I
asked.
The Chairman. I've enjoyed listening to all my colleagues
ask questions about Amtrak.
Senator Klobuchar. The Black Hills is a good place to
visit.
The Chairman. It's a really good place, as you know.
Senator Klobuchar. I know. I always went on vacation there.
The Chairman. That's right. We appreciate you coming our
way.
Senator Klobuchar. OK.
The Chairman. You had to take Interstate 90. You're not
going on Amtrak.
Senator Klobuchar. Yes.
The Chairman. I can tell you that, so.
Just a couple of quick questions and we'll wrap up here.
Ms. King, NHTSA is currently considering updating its
advisory on the State Traffic Records Grant Program. The
existing guidance certainly deserves review. It currently poses
to states 391 questions over 132 pages, including asking about
the condition of all public unpaved roads.
In rural states, such as South Dakota, they have extensive
unpaved public road mileage. The time and resources needed to
respond to this request could divert focus from research and
the benefits of the traffic records, the records of the grant
program itself, so states would still have, even if you did
that, 390 questions to answer.
So could you commit to carefully reviewing this advisory in
order to lessen the unnecessary burden on states and, more
generally, will you look for opportunities to avoid unnecessary
burdens on states in the Safety Grant Programs going forward?
Ms. King. Yes, with enthusiasm.
The Chairman. OK. Thank you. That would be more
appreciated.
As has been pointed out earlier today, 94 percent of motor
vehicle crashes attributed to human error, and I think the
number you mentioned was 37,400 and some fatalities on
America's highways in 2016.
Self-driving vehicles have the potential to save a lot of
lives and I think you alluded to that, at least some of my
colleagues did, as well, and they will also increase efficiency
and mobility, serving, I think, some terrific needs in our
economy, providing elderly people, disabled people access to
mobility that they don't have today.
How will the agency keep pace with these emerging
technologies, such as self-driving vehicles?
Ms. King. Information sharing and transparency is
absolutely critical, not only with the emerging technologies
but with the research. So our continued conversation not only
with the manufacturers and developers but with the states, with
local law enforcement or rescue personnel.
We've had several public meetings. We will continue that
dialogue with vigor.
The Chairman. Good. Ms. Homendy, in your questionnaire, you
also mentioned the need for NTSB to keep pace with the
innovation occurring across the entirety of the transportation
sector.
As technology, such as drones and self-driving vehicles
become more commonplace, how will NTSB work with the relevant
regulators to ensure the benefits of these transformative
technologies are realized safely?
Ms. Homendy. Thank you, Mr. Chairman. I think the NTSB and
the DOT have the same mission and that's to improve
transportation, reduce transportation accidents and traffic
crashes and save lives, and I believe these technologies have
the potential to reduce transportation accidents and save
lives.
They do have some safety risks that need to be further
evaluated and mitigated, but I think that NTSB can play a very
valuable role in helping move these technologies forward
safely.
The Chairman. Good, good. In addition to autonomous
vehicles, the drone issue is something we address in our FAA
bill, and they are wonderful transformative technologies with
lots of applications in many areas of the country, there is a
high level of interest in my state in both, and so we just want
to make sure that we're doing everything we can to see that
they progress in a way that maximizes safety.
Amtrak CEO, and I will direct this to you, Mr. Gruters,
Richard Anderson recently testified before Congress that Amtrak
must--I should say must evaluate how to handle tenant
railroads' traffic operating over Amtrak track if such tenants
are not fully compliant with PTC implementation and whether
Amtrak should prevent non-compliant equipment from being used
on its track after the deadline.
If confirmed, you and the rest of the Amtrak Board will be
charged with determining the strategic direction of Amtrak.
Do you share Mr. Anderson's view that non-compliant
equipment should generally be prohibited from use on Amtrak's
tracks?
Mr. Gruters. Thank you, Chairman. I think safety is the top
issue and implementing PTC is critical.
PTC does need to be the standard and I think at a Committee
hearing just a couple of months ago, Richard Anderson did say
that he would stop if they didn't implement PTC, but I think
the most important thing for us to have open communication and
collaboration with the partners to make sure that we can help
these guys, help all of our partners hit the full
implementation as fast as we possibly can.
The Chairman. OK. Good. Well, we got a short timeline to
work with on PTC implementation and a lot at stake. So
hopefully you and your colleagues there can work quickly and
work with FRA and other agencies that are engaged in this to
make sure that we stay on track. It will be really important
for our country, for our safety, and for those who rely upon
those forms of transportation to get to and from their
destinations.
We'll wrap it up with that. I'm going to ask unanimous
consent to include in the record letters of support from
Chairman Bob Latta, the National Safety Council, the Governors'
Highway Safety Association, and Safe Kids Worldwide.
[The information referred to follows:]
------
------
The Chairman. I would say to all of our nominees that given
our hope to place your nominations on the Committee's next
markup that we will keep the hearing record open through the
close of business tomorrow, May 17, and we're hoping that
during that time that Senators who wish to submit any questions
for the record can get those answered quickly.
So I would ask you upon receipt if you would move very
quickly to submit your answers to the Committee as soon as
possible but preferably no later than noon on Monday, May 21.
We would love to get these processed in this work period.
So I again want to thank you for your willingness to serve
and for the commitment that you and your families make to that
and thank you for being responsive to our questions today, and
we'll look forward to moving these nominations forward.
With that, this hearing is adjourned. Thank you.
[Whereupon, at 11:47 a.m., the hearing was adjourned.]
A P P E N D I X
______
May 14, 2018
Chairman John Thune,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Ranking Member Bill Nelson,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Ranking Member Nelson:
The Center for Auto Safety (``the Center'') submits the following
letter in connection with today's hearing regarding the nomination of
Deputy Administrator Heidi King of the National Highway Traffic Safety
Administration (NHTSA) for the position of Administrator. While Ms.
King has only held the Deputy Administrator position for seven months,
her actions, or lack of actions, have raised serious questions
regarding the nominee's ability to direct NHTSA as a safety and
enforcement agency. The Center, founded in 1970, is an independent,
non-profit consumer advocacy organization dedicated to improving
vehicle safety, quality, and fuel economy not only for our members, but
all drivers, passengers, and pedestrians across the county. On behalf
of those members, and all individuals nationwide impacted by traffic
safety and the quality of the air we breathe, the Center writes today
to express our significant concerns with this nomination.
1. Rulemakings
NHTSA's responsibility for promulgating rules and regulations to
maintain the safety of the American people is one of its most important
authorities and duties. Currently there are many regulations that are
required to be written by law which remain untouched.
Under Deputy Administrator King, rules that Congress mandated in
order to protect children, inform consumers of recalls, and provide
predictability and fairness in the marketplace have been ignored. To
name only a few:
NHTSA was required by Moving Ahead for Progress in the 21st
Century Act (MAP-21) to issue a rule by October 1, 2015
providing requirements for improved Child LATCH Restraint
Systems, in order to protect our most vulnerable citizens in
cars and light trucks--infant children. Since issuing the NPRM
in January 2015, NHTSA has provided no target date for further
action.
NHTSA was required by MAP-21 to issue a final rule by
October 1, 2014 providing requirements for how Child Restraint
Systems must perform when involved in a side impact crash. The
NPRM was issued in January 2014. Based on current activity,
NHTSA's recent suggestion the rule would be completed by
October 2018 seems unlikely at best.
NHTSA was required by MAP-21 to issue a rule by October 1,
2015 providing requirements for all new vehicles to have
Reminders for Rear Seat Passengers to put on Seat Belts. Almost
1,000 people die every year in crashes in the back seat of cars
and light trucks because they are not wearing their seatbelts.
Under Deputy Administrator King, NHTSA has not even initiated
rulemaking, nor has a realistic time frame for a final rule
been proposed.
NHTSA was required by the Fixing America's Surface
Transportation Act (FAST) Act to issue a rule by August 29,
2016 providing requirements for how auto manufacturers must use
electronic means to notify consumers of Vehicle Safety Recalls.
With tens of millions of open recalls on the road, including 20
million or more deadly Takata airbag inflators remaining in
circulation, this rule would actively assist in increasing
recall completion rates and, if done quickly enough, could save
lives. Since issuing an NPRM in August 2016, NHTSA has provided
no target date for further action. Ms. King recently released a
short video attempting to reach the owners of certain vehicles
for which ``do-not-drive'' orders had been issued. Perhaps this
would not have been necessary if these owners had been reached
via e-mail.
The continued blatant disregard under Deputy Administrator King for
the lawful mandates passed by the United States Congress by NHTSA
raises serious concerns over what will be different if she is confirmed
with respect to delivering on NHTSA's core safety mission to the
American people.
2. Autonomous Vehicles
In recent months there have been multiple incidents involving what
are commonly referred to as ``autonomous vehicles,'' or ``self-driving
cars.'' Some of these incidents have resulted in deaths of both
pedestrians (an Uber vehicle striking and killing a pedestrian in
Tempe, Arizona) as well as drivers (Tesla driver killed with vehicle in
``autopilot'' mode). Under Deputy Administrator King, NHTSA has done
nothing but cheerlead for industry even as incidents pile up and new
questions arise about the complete lack of Federal standards or
oversight required to protect our citizenry from being used as guinea
pigs in a corporate product development experiment.\1\
---------------------------------------------------------------------------
\1\ Chistopher Mims, In Self-Driving-Car Road Test, We Are the
Guinea Pigs, Wall Street Journal, May 14, 2018, at: https://
www.wsj.com/articles/in-self-driving-car-road-test-we-are-the-guinea-
pigs-1526212802
---------------------------------------------------------------------------
Instead of looking for ways to protect Americans, and ensure the
safe development of potentially groundbreaking technology, over the
last seven months there have been nothing but multiple open comment
periods \2\ attempting to identify and eliminate regulations that might
slow down universal deployment of still unproven robot-cars. One of the
few public steps taken since Deputy Administrator King has been in
office is to make the very limited set of voluntary guidelines for
manufacturers to follow when testing self-driving cars--even less
specific and even more voluntary.
---------------------------------------------------------------------------
\2\ Public Meeting--Voluntary Safety Assessments, October 20, 2017;
Automated Driving Systems 2.0: A Vision for Safety Public Meeting,
November 6, 2017; Removing Regulatory Barriers for Vehicles With
Automated Driving Systems, January 18, 2018
---------------------------------------------------------------------------
3. The Air We Breathe (Corporate Average Fuel Economy (CAFE)
standards)
One of the roles of the NHTSA Administrator which impacts the lives
of every human being in the United States, and to a lesser extent, the
world, is setting fuel economy standards for passenger vehicles. In
addition to setting those standards, NHTSA also has the authority to
enforce those standards by levying fines against auto companies that
violate the rules. Under Deputy Administrator King, NHTSA has neither
acted to protect the environment by maintaining the consensus standards
set over a multi-year negotiation process, resulting in the current
CAFE standards, nor has NHTSA acted in consumers' best interest at the
gas pump.
Based on widely reported media stories, Deputy Administrator King
fully backs the proposed rollback of the MY 2017-2025 standards, a
proposal which would increase oil consumption by 206 billion gallons of
gasoline between 2020-2050. The importance of these standards to the
public is tremendous, and not only with respect to the air we breathe.
Consumers can expect to save between $3,200-$4,800 over the lifetime of
a new vehicle meeting the standards, even at low gas prices. Gas prices
are rising on almost a daily basis. They are currently approaching a
three-year high and they are expected to continue to rise. Savings from
the existing CAFE standards are estimated to be up to $8,200 per
vehicle to consumers.
The efforts to ignore NHTSA's statutory obligation to set the
``maximum feasible'' standard for each model year highlight the
concerns that all Senators should have with this nomination. Rolling
back CAFE standards not only will put the American auto industry behind
in the global market, where many of our largest competitors, like China
and India, are moving forward with more stringent standards, it is an
insult to the American automaker's ability to adopt new technology to
meet the challenges of a new world.
4. Resource Allocation
Under Ms. King's leadership, NHTSA continues to promise to make
safety a priority, yet when putting pen to paper and making decisions
about how to allocate appropriated funds, these promises always seem to
evaporate. NHTSA's budget requests under the nominee appear to remain
in line with the larger DOT philosophy of promising safety but cutting
areas that could deliver on those promises.
The Fiscal Year (FY) 2019 budget request sought to significantly
decrease funding to the areas of the agency that are the most likely to
deliver safety results to the American people. For example, in FY 2017,
NHTSA's enacted appropriation for ``Vehicle Safety Programs,'' (which
are the heart of the agency) was $180,075,000. For FY 2019, the request
was reduced to $152,427,000 for this vital program--a 15 percent
decrease in funding.
A recent study, published in the Journal of Public Health Policy,
noted that governmental interventions mandating traffic safety measures
at the Federal and state levels, along with technological advances,
have saved over 5 million lives since 1968.\3\ Yet, among the areas
that the current leadership of NHTSA would seek to underfund include
the Rulemaking, Enforcement, and Research and Analysis departments.
These departments have been integrally involved in creating the vehicle
crashworthiness and other safety standards that make many of those 5
million lives saved possible.\4\ Smart, targeted regulations make a
real difference when it comes to safety in our cars and on our roads.
---------------------------------------------------------------------------
\3\ Robertson, L., J Public Health Pol (2018) Road death trend in
the United States: implied effects of prevention, available at: https:/
/doi.org/10.1057/s41271-018-0123-2
\4\ It seems worth noting that the only area where DOT has
requested an increase in this section of its budget is for
administrative expenses, despite not even having an Administrator
nominee.
---------------------------------------------------------------------------
While more funding alone will not make any safety agency function
perfectly, the ability for NHTSA to realize its full potential to save
lives, prevent injuries, and reduce the economic burdens we all face
due to crashes on our Nation's roads lies squarely with how its
leadership sets agency priorities. The proposed budget of an agency is
an outline of those priorities, and no matter how dedicated career
staff may be, the agency tasked with overseeing so much of our Nation's
traffic safety cannot do its job with one arm tied behind its back.
Underfunding this critical agency is counterproductive to the safety
goals I am sure we all share. The priorities outlined by Ms. King's
budget raise serious concerns regarding whether NHTSA will be able to
fulfill its statutory mission.
5. Civil Penalties
One of the key tools in ensuring Federal traffic safety laws and
rules are followed by all regulated entities is enforcement by NHTSA.
While civil penalties should be reserved for the most serious of
violators, all safety agencies need to be prepared to employ the
deterrent effect civil penalties have, not only on the party at fault,
but any other potential violator.
Since Ms. King has been at NHTSA there has been exactly one civil
penalty announced, for $10,000 against a trailer company.\5\ This lax
attitude when it comes to enforcement of the law sends exactly the
wrong message to those who might contemplate whether it was worth their
while to take the extra step to comply with the safety rules that exist
to keep cars and trucks in compliance and our citizens safe.
---------------------------------------------------------------------------
\5\ https://www.nhtsa.gov/laws-regulations/civil-penalty-
settlement-amounts
---------------------------------------------------------------------------
What is worse, is that one of the only steps Ms. King has taken
since joining NHTSA is to actively work to rollback the implementation
of inflation-adjusted civil penalties meant to ensure auto companies
invest in fuel-saving technologies. While this unlawful delay has been
stayed by 2nd Circuit Court of Appeals, the inability or unwillingness
to enforce the law, or use civil penalty authority, raises significant
concerns about the nominee's likelihood of carrying out the statutory
mandate of the agency she is asking to lead.
6. Airbags
Despite the agency's continued assurance that the Takata inflator
recalls are a top priority, recall completion rates remain dismal and
consumers continue to face a risk of death or serious injury. Under
Deputy Administrator King, NHTSA has been unwilling to penalize
manufacturers who perform poorly under the Coordinated Remedy Program,
deferring and delaying manufacturer responsibility. Furthermore, NHTSA
has failed to even request that manufacturers provide loaner vehicles
to consumers with ticking time bombs in their dashboards. As a result,
only a small minority of automakers have voluntarily chosen to provide
their customers with loaner vehicles while awaiting airbag
replacements.\6\
---------------------------------------------------------------------------
\6\ See Staff Report for Senators Blumenthal and Markey: Automaker
Report Card: Loaner Car Policies for Consumers Affected by the Takata
Airbag Recall, March 2018.
---------------------------------------------------------------------------
So far, the only step taken by NHTSA under Ms. King is a letter to
each manufacturer that failed to meet the December 31, 2017 deadline to
replace the most deadly and defective Takata airbags. Released only two
days prior to her confirmation hearing, King's letters merely
``invite'' these manufacturers to ``contact NHTSA.'' \7\ By some counts
19 million airbags remain unreplaced, and the industry completion rate
hovers under 60 percent. This ``invitation'' for an updated proposed
timeline from NHTSA is months overdue, and based on prior history, it
is hard to envision any penalty will be meted out by NHTSA for these
gross violations of agreed upon timeframes for airbag replacement.
Further delay serves only to prevent consumers from having defective
airbags replaced that may explode and send shrapnel flying in their
face or the faces of their loved ones.
---------------------------------------------------------------------------
\7\ See Ryan Beene, U.S. Regulators Slam Low Takata Air Bag Recall
Rate by Carmakers,, Bloomberg, May 14, 2018, at: https://
www.bloomberg.com/news/articles/2018-05-14/u-s-regulators-slam-low-
takata-air-bag-recall-rate-by-carmakers.
---------------------------------------------------------------------------
As mentioned previously, NHTSA is two years late on issuing a
rulemaking to require e-mail notification of recalls, which would
certainly have had positive impact on Takata recall completion rates--
had NHTSA completed this mandate by the deadline. Unfortunately, under
Ms. King, the agency has made no progress on this mandate, leaving
consumers reliant on snail mail as their only notice of potentially
dangerous defects in their vehicles.
7. Investigations
Since Deputy Administrator King took a leadership role at NHTSA,
investigations have fallen to almost historic lows. Despite continuing
to receive complaints on a regular basis that raise questions of
potentially life-threatening defects, it is almost unheard of for NHTSA
to formally open investigations in the current administration. Delaying
the opening of investigations risks unnecessarily exposing consumers to
vehicle defects. For circumstances where investigations sit open for
years while NHTSA and automakers go back and forth over the details,
consumers remain at risk for even longer periods of time.
For the motoring public to have faith that this safety agency is
looking out for the public first, NHTSA must have an Administrator
willing to support the agency's enforcement wing in opening
investigations--and once the investigations have been opened, following
the data to its logical end in a timely manner that eliminates
unnecessary and possibly deadly delay.
Conclusion
There are few products that impact as many Americans as
automobiles. NHTSA needs an Administrator who has as her first priority
the safety of each and every driver, passenger, and pedestrian. Deaths
and injuries from traffic crashes remain a public health crisis, with
over 37,000 dead and over 2 million seriously injured every year. Cars
continue to hold their place as the number one killer of Americans ages
5-24. New technology promises answers but offers little evidence yet of
its reliability. The role of oversight of the auto industry, falls to
NHTSA. Unfortunately, in seven months as Deputy Administrator, Ms.
King's record raises serious concerns about her ability to lead NHTSA
at this vital time in the history of auto safety.
On behalf of the Center for Auto Safety and our members, thank you
for your attention to this important matter.
Sincerely,
Jason Levine,
Executive Director.
cc: All Members of the U.S. Senate Committee on Commerce, Science, and
Transportation
______
Center for Auto Safety * Center for Biological Diversity *
Conservation Law Foundation * League of Conservation Voters
* Moms Clean Air Force * Plug In America * Safe Climate
Campaign * Union of Concerned Scientists * Voices for
Progress * Public Citizen
May 14, 2018
Dear Senators,
The undersigned organizations are writing to express our strong
concerns with the nomination of Heidi King to become the Administrator
of the National Highway Traffic Safety Administration (NHTSA). We are
gravely concerned about Ms. King's ability to lead NHTSA, when her
actions thus far have undermined the mission of NHTSA. While serving as
the Deputy Administrator of NHTSA, Ms. King demonstrated an anti-
environmental record, a disregard for state cooperation and failure to
prioritize critical safety protections. For these reasons, we are
concerned she will weaken NHTSA and threaten American consumers'
pocketbooks, health, and safety.
Establishment and Enforcement of Corporate Average Fuel Economy (CAFE)
standards
NHTSA sets fuel economy standards for passenger vehicles and
enforces the standards, including by fining auto companies that violate
the rules. However, we write to convey our deep concerns with the
agency's approach, during King's tenure, toward both setting fuel
economy standards and enforcement. The recent leaked joint draft
proposal for light-duty vehicle standards for fuel economy and
greenhouse gas emissions shows that NHTSA, alongside the Environmental
Protection Agency (EPA), intends to significantly weaken the existing
standards through MY 2026. The preferred regulatory approach outlined
in the document proposes maintaining ``[e]xisting standards through MY
2020, then 0 percent/year increases for both passenger cars and light
trucks, for MYs 2021-2026.'' This proposal relies on unjustified cost
analysis and data, flawed safety assumptions and blatant disregard for
energy conservation and climate change. This proposal would increase
oil consumption by 206 billion gallons of gasoline between 2020-2050.
As our Nation's premier oil use reduction program, this rollback of the
CAFE standards is unacceptable.
Additionally, this proposal violates NHTSA's statutory obligation
to set the ``maximum feasible'' standard for each model year. The
assertion that the American auto industry cannot improve or innovate
their fleets for the better part of a decade is not only unbelievable,
but it is inconsistent with an industry which prides itself on
leadership in innovation and technology. Further, it will put the
American industry behind in the global market, where many of our
largest competitors, like China and India, are moving forward with more
stringent standards.
In addition to attempting to weaken the CAFE standards, during Ms.
King's tenure, NHTSA has also undermined the ability to enforce vehicle
performance standards. In fact, the agency attempted to unlawfully
delay implementation of inflation-adjusted civil penalties meant to
ensure auto companies invest in fuel-saving technologies. This
attempted delay was recently stayed by the U.S. 2nd Circuit Court of
Appeals on April 23. The agency attempted to establish a perverse
incentive by making it cheaper for auto companies to simply pay a fine
rather than meet fuel economy standards. The result is that consumers
will have less fuel-efficient vehicle choices on the market, will pay
more at the gas pump, and will suffer from increased pollution.
The importance of these standards to the public is tremendous.
Consumers can expect to save between $3,200-$4,800 over the lifetime of
a new vehicle meeting the standards, even at low gas prices. As prices
currently approach a three year high and are expected to continue to
rise, the savings will be up to $8,200 per truck.\1\ \2\ \3\ A recent
Consumers Union survey found nearly 9 out of 10 consumers want
automakers to continue to raise fuel efficiency.\4\ Moreover, 2012-2025
standards are expected to cut our reliance on oil by 2.4 million
barrels per day by 2030.\5\ And annual carbon pollution in 2030 would
be reduced by 570 million metric tons of CO2, which is
equivalent to the pollution from 85 million of today's cars or 140
coal-fired power plants.
---------------------------------------------------------------------------
\1\ https://gasprices.aaa.com/
\2\ http://consumersunion.org/2016/09/new-cafe-standards-help-
consumers-save-big/
\3\ https://www.cnbc.com/2018/04/24/gas-prices-are-near-a-three-
year-high-heres-how-to-save-at-the-pump.html
\4\ http://consumersunion.org/news/2017-fuel-economy-survey/
\5\ https://www.nrdc.org/experts/luke-tonachel/clean-car-and-fuel-
economy-standards-whats-next
---------------------------------------------------------------------------
Partnership with state and local governments
NHTSA ``is responsible for keeping people safe on America's
roadways. Through enforcing vehicle performance standards and
partnerships with state and local governments. . .'' \6\ While the
Department of Transportation claims to be working alongside states in
furtherance of vehicle standards,\7\ the leaked proposed light-duty
vehicle standards for fuel economy and greenhouse gas emissions fly in
the face of over half a century of cooperative federalism.
---------------------------------------------------------------------------
\6\ https://www.nhtsa.gov/about-nhtsa
\7\ U.S. Congress, Senate Committee on Environment and Public Works
hearing, ``The Administration's Framework for Rebuilding Infrastructure
in America,'' March 1, 2018. Transcript online at https://
www.epw.senate.gov/public/_cache/files/4/f/4fa932cf-9a97-42bc-959e-
1e1e5536e197/C03D6C188C459DAE0ADA8B8CA9695A06.spw-030118.pdf
---------------------------------------------------------------------------
During King's tenure, NHTSA appears to be illegally trying to
preempt states' authority to enforce vehicle pollution standards.
District courts in Vermont \8\ and California \9\ have already
confirmed that California may regulate vehicle greenhouse gas emissions
under the Clean Air Act, while NHTSA regulates fuel economy. The leaked
notice of proposed rulemaking purports ``states may not adopt or
enforce tailpipe greenhouse gas emissions standards when such standards
relate to fuel economy standards and are therefore preempted under EPCA
[Energy Policy and Conservation Act], regardless of whether EPA granted
any waivers under the Clean Air Act.'' This policy ignores the
congressional record and threatens the authority of the very state and
local government actors that Ms. King supposedly is working alongside.
---------------------------------------------------------------------------
\8\ https://www.courtlistener.com/opinion/1483620/green-mountain-
chrysler-plymouth-dodge-v-crombie/
\9\ https://perma.cc/34C4-G23H
---------------------------------------------------------------------------
Addressing safety
We also have grave concerns about the long-delayed safety
regulations which the agency has failed to promulgate. Under Ms. King's
guidance, NHTSA has prioritized pursuing the administration's
deregulatory agenda rather than completing statutorily mandated safety
rulemakings.
The Moving Ahead for Progress in the 21st Century Act (MAP-21) was
signed into law in July of 2012. MAP-21 required a rule to better
protect children in car seats during side-impact crashes. MAP-21
required NHTSA to write a rule on improving child-restraint-anchorage
systems by 2015. NHTSA issued a notice of proposed rulemaking in 2014,
but there has been no further action. This rule is now more than 2
years overdue.
MAP-21 also required NHTSA to issue a final safety standard no
later than October 2015, which would amend the Federal Motor Vehicle
Safety Standard to provide a safety belt reminder system for rear
seats. According to the National Safety Council, more than 1,000 back-
seat passengers died in 2016, more than
half of whom were not wearing seatbelts.\10\ According to NHTSA's
website, ``one of the safest choices drivers and passengers can make is
to buckle up.'' \11\ Yet under Ms. King's guidance, the administration
has failed to even propose, let alone issue a final rule.
---------------------------------------------------------------------------
\10\ https://www.washingtonpost.com/news/tripping/wp/2018/03/20/
the-u-s-needs-to-move-forward-on-rear-seat-safety-belts/
\11\ https://www.nhtsa.gov/risky-driving/seat-belts
---------------------------------------------------------------------------
Fixing America's Surface Transportation (FAST) Act was signed into
law in December of 2015. The FAST Act required a rule to ensure
consumer notification of recalls electronically, in addition to
notification by e-mail. The final rule was due in 2016, but NHTSA has
only issued an NPRM. This rule is more important than ever considering
the urgency around the Takata airbag recall.
Tens of millions of vehicles from 19 different automakers with
Takata airbags are under recall, in what NHTSA has called ``the largest
and most complex safety recall in U.S. history.'' \12\ \13\ The
airbags, made by major parts supplier Takata, were mostly installed in
cars from model year 2002 through 2015. Some of those airbags could
deploy explosively, injuring or even killing car occupants.\14\ To
date, there have been 15 deaths due to this problem in the U.S.\15\
---------------------------------------------------------------------------
\12\ https://www.nhtsa.gov/equipment/takata-recall-spotlight
\13\ https://www.nhtsa.gov/press-releases/nhtsa-releases-more-data-
takata-air-bag-repairs
\14\ https://www.consumerreports.org/car-recalls-defects/takata-
airbag-recall-everything-you-need-to-know/
\15\ Please visit www.safercar.gov to check the recall status of
your vehicles.
---------------------------------------------------------------------------
These concerns are by no means exhaustive, but rather highlight the
need for further investigation into Ms. King's priorities as they
relate to our oil savings, state cooperation and safety. We urge the
Senate to carefully consider all the issues surrounding this nominee to
protect the critical work all Americans expect and need from NHTSA.
Sincerely,
Center for Auto Safety
Center for Biological Diversity
Conservation Law Foundation
League of Conservation Voters
Moms Clean Air Force
Plug In America
Safe Climate Campaign
Union of Concerned Scientists
Voices for Progress
Public Citizen
______
Center for Biological Diversity * Climate Hawks Vote *
League of Conservation Voters * Plug in America* Safe
Climate Campaign * Sierra Club * Union of Concerned
Scientists * Voices for Progress
May 21, 2018
Dear Senators,
The undersigned organizations write to express our opposition to
the nomination of Heidi King for Administrator of the National Highway
Traffic Safety Administration (NHTSA). We are gravely concerned about
Ms. King's ability to lead NHTSA, given her history of attempting to
undermine critical oil conservation and, thus, environmental efforts
during her tenure at NHTSA. Moreover, in her recent confirmation
hearing, Ms. King was evasive when asked whether climate change is real
and needs to be addressed. This is an unacceptable response from
someone who, if confirmed, will be charged with implementing CAFE
standards, a critical component in our country's efforts to reduce oil
usage and working in concert with EPA regulations to reduce greenhouse
gas emissions. King's record thus far shows, if confirmed, she will
weaken the CAFE standards, threatening American consumers' pocketbooks,
health and environment. For these reasons, we oppose Ms. King's
nomination.
Ms. King's failure to acknowledge the existence of climate change,
let alone the importance to address the problem, indicates she is not
qualified to lead NHTSA.\1\ Although she tried to say that she would
listen to scientists, that is clearly not the case as the vast majority
of scientists agree that climate change is happening, and humans are
causing it.\2\ \3\ This discrepancy is alarming and indicates to us
that she is not listening to scientists on this critical topic and thus
likely also not listening to scientists on additional topics that are
in her agencies' purview.
---------------------------------------------------------------------------
\1\ Senate Committee on Commerce, Science, and Transportation
hearing on nominees held May 16, 2018
\2\ https://www.ucsusa.org/global-warming/science-and-impacts/
science/scientists-agree-global-warming-happening humans-primary-cause
\3\ Senate Committee on Commerce, Science, and Transportation
hearing on nominees held May 16, 2018
---------------------------------------------------------------------------
The evidence of climate change is overwhelming. As we face record-
breaking temperatures, increased frequency and intensity of extreme
weather events, and longer and more severe droughts and wildfire
seasons, we need a NHTSA Administrator who understands and acknowledges
that the transportation sector is now the largest and fastest growing
source of carbon emissions in the United States, and reducing these
emissions is critical to combatting climate change.
NHTSA sets fuel economy standards for passenger vehicles and
enforces the standards, including by fining auto companies that violate
the rules. However, based on available information about the current
proposal for the fuel economy standards for model years 2021-2025,
which Ms. King is overseeing, she has worked to weaken the CAFE
standards and states' rights. She also oversaw a recently overturned
attempt to lower the fines that automakers pay for missing the goals of
the CAFE standards.
The importance of the CAFE standards to the public cannot be
understated. Consumers can expect to save between $3,200-$4,800 over
the lifetime of a new vehicle meeting the 2025 standards, even at low
gas prices. As gas prices currently approach a three year high and are
expected to continue to rise, the savings will be up to $8,200 per
truck.\4\ \5\ \6\ A recent Consumers Union survey found nearly 9 out of
10 consumers want automakers to continue to raise fuel efficiency.\7\
Moreover, 2012-2025 standards are expected to cut
---------------------------------------------------------------------------
\4\ https://gasprices.aaa.com/
\5\ http://consumersunion.org/2016/09/new-cafe-standards-help-
consumers-save-big/
\6\ https://www.cnbc.com/2018/04/24/gas-prices-are-near-a-three-
year-high-heres-how-to-save-at-the-pump.html
\7\ http://consumersunion.org/news/2017-fuel-economy-survey/
---------------------------------------------------------------------------
our reliance on oil by 2.4 million barrels per day by 2030.\8\ And
annual carbon pollution in 2030 would be reduced by 570 million metric
tons of CO2, which is equivalent to the pollution from 85
million of today's cars or 140 coal-fired power plants.
---------------------------------------------------------------------------
\8\ https://www.nrdc.org/experts/luke-tonachel/clean-car-and-fuel-
economy-standards-whats-next
---------------------------------------------------------------------------
Americans deserve a NHTSA administrator who acknowledges the
established science of climate change and works to ensure that
consumers continue to benefit from strong fuel economy standards. We
urge you to vote no on the nomination of Heidi King for NHTSA
Administrator.
Sincerely,
Center for Biological Diversity
Climate Hawks Vote
League of Conservation Voters
Plug in America
Safe Climate Campaign
Sierra Club
Union of Concerned Scientists
Voices for Progress
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Joseph Gruters
Question 1. Amtrak's budget: Does President Trump's proposed budget
for Fiscal Year 2019 support cutting appropriations to Amtrak?
Answer. The President's Fiscal Year (FY) 2019 budget request
proposes several reforms to Amtrak with the stated aim of improving
efficiency and reducing costs. The FY 2019 budget request is a
reduction from the FY 2018 enacted funding levels.
Question 2. Amtrak's budget: Do you support cutting appropriations
to Amtrak for Fiscal Year 2019?
Answer. Congress is charged with setting annual appropriations for
Amtrak. As a member of the Amtrak Board of Directors, if confirmed, I
have a fiduciary responsibility to carry out statutory directives of
Congress.
Question 3. Amtrak's budget How much Federal funding should Amtrak
receive in Fiscal Year 2019?
Answer. I am not currently on the Board of Amtrak and do not have
direct experience working with Amtrak. However, I look forward to
working with Congress, Amtrak staff and CEO Richard Anderson to ensure
that Amtrak is the safest, most reliable, and most efficient passenger
railroad service that it can be.
Question 4. Driving record: Is there anything in your driving
history that should concern the committee?
Answer. No. However, I have received normal traffic citations.
Question 5. Driving record: In the past ten years, have you been
given any traffic citations? If so, please provide all information
regarding any such citations.
Answer.
8-18-2011 MANATEE 0 6472WFT UNLAWFUL SPEED SPEEDING 39 IN A
30 ZONE ADJUDICATION WITHHELD--CLERK SCHOOL
08-24-2015 SARASOTA 0 A43PTZE CARELESS DRIVING ADJUDICATION
WITHHELD--CLERK SCHOOL ELECTION
07-25-2016 SARASOTA 4 A5XR5HE CARELESS DRIVING DISPOSITION
WAS GUILTY COUNTY COURT CRASH INDICATED
Question 6. Driving record: In the past ten years, has the State of
Florida ever threatened to suspend your driving privileges? If so,
please provide all information regarding actions taken by the State of
Florida and possible suspension of your driving privileges.
Answer. No.
Question 7. Driving record: Are there any complaints or actions
that are responsive to question C.1. of the committee's questionnaire
that you have failed to disclose?
Answer. No. However, in the spirit of being open and transparent, I
will point out that although not personally subject to any other
complaints other than what was listed, in my capacity as a grassroots
political party chairman, I was named along with the organization's
treasurer in a Florida Elections Commission complaint related to
inadvertent errors made by the treasurer on quarterly financial
reports. The errors were corrected by the treasurer in an amended
report. The organization settled the complaint and paid the fine. I did
not prepare the reports that included the inadvertent errors and I did
not pay a fine.
Question 8. Driving record: If so, please provide all information
regarding such complaints or actions. If there are any complaints or
actions that you failed to disclose, please explain the reason for the
lack of disclosure.
Answer. N/A
Question 9. Gateway: Do you believe the Federal government should
be a key partner in efforts to rebuild the aging and decaying rail
tunnels under the Hudson River, also known as the Gateway Project?
Answer. I am not yet a member of the Amtrak Board of Directors,
however, if confirmed, I look forward to learning more about all
capital infrastructure projects impacting Amtrak's operations. Also, I
look forward to working closely with Members of Congress to better
understand their priorities for Amtrak service.
Question 10. Gateway: Do you agree that the success of the Gateway
Project is critical for the long-term success of Amtrak?
Answer. I am not yet a member of the Amtrak Board of Directors,
however, if confirmed, I look forward to learning more about all
capital infrastructure projects impacting the long-term success of
Amtrak's operations.
______
Response to Written Question Submitted by Hon. Tom Udall to
Joseph Gruters
Question. I appreciated your recognition of the importance of
Amtrak for rural communities. As you heard from my colleagues, Senators
Moran and Gardner, we strongly support the Southwest Chief line. We are
concerned about Amtrak seeming to walk back from previous commitments
to our communities to work cooperatively to upgrade and maintain the
rail system that the Southwest Chief uses.
Will you commit to working with all of the stakeholders, including
the delegations from the states impacted, to ensure that Amtrak will
continue their commitment to the Southwest Chief?
Answer. Yes. If confirmed, I look forward to working with the
Congressional delegations, Amtrak, and other impacted stakeholders to
ensure that Amtrak continues its commitment to the Southwest Chief.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Joseph Gruters
Question 1. Passenger rail is a vital component of a 21st century
infrastructure network. For many Wisconsinites, Amtrak may be the most
affordable and efficient mode of transportation. Further, reports
indicate that reduction or elimination of Amtrak service would
disproportionately impact rural and low-income Americans.
Are you committed to supporting robust investments in Amtrak's
long-distance routes and national network?
Answer. I recognize the importance of long distance routes and the
national network. If confirmed, I am committed to working with Amtrak
leadership and Congress on this issue, and that includes funding. As a
board member, I will have a fiduciary relationship to the Corporation
with the mission being set forth by Congress.
Question 2. Amtrak has historically been a strong example of a
public-private partnership that promotes our tourism economy by
allowing privately owned certified rail cars to hitch on to Amtrak
trains, connecting Americans to the rich history of our expansive rail
network. Importantly, this partnership also provides Amtrak with a
source of revenue. Recently however, Amtrak has taken on practices that
discourage private rail cars from paying to be hitched to Amtrak
trains, including removing or refusing cars without advanced notice and
unpredictable pricing.
Will you commit to supporting and improving Amtrak's public-private
partnership with privately owned rail cars?
Answer. Yes. If confirmed, I will do all I can to work on a
mutually agreeable solution to this important matter.
Question 3. What steps will you take to inject transparency and
certainty into private rail car policies and pricing?
Answer. I come from Florida where the open-meeting Sunshine Laws
exist, so my preexisting philosophy and practice is to be open and
transparent as I believe that is the best system for accountability. I
will work to bring these beliefs and practices to all that I do at
Amtrak, including the Corporation's private rail car policies and
pricing.
______
Response to Written Questions Submitted by Hon. Catherine Cortez Masto
to Joseph Gruters
Question 1. Amtrak Long Distance Service: Mr. Gruters, I wanted to
raise the importance of Amtrak passenger rail service through northern
Nevada. My communities of Elko, Winnemucca, and Reno rely on the Amtrak
service provided by the California Zephyr Amtrak line, including the
88,000 Nevada riders who travel on the line. Just to give you sense of
the impact, the Mayor Putam of Winnemucca, a community of around 7,300
people that is a focal point in the region, wrote me stating that
``Rural Nevada needs your help. The [Amtrak] train service is an
important part of the economic vitality and social fabric of my
community. Many of our veterans and seniors use Amtrak to access
medical services in Reno and other areas.'' And as stated by the
railroad itself: Amtrak works with Key Holidays, a tour operator, to
operate ``Fun Trains'' and ``Snow Trains,'' which are special trains
that carry thousands of passengers from the Bay Area to Reno. Many of
these passengers go on to visit ski resorts and other recreational
areas near Lake Tahoe during winter months when airports and highways
are often disabled or shut down.
So you see the impact and benefit this service provides to Northern
Nevada. Now I have received messages of concern that Amtrak management
has started actively discussing breaking up long-distance routes to
reallocate resources to state corridors. While we don't yet know how
far these discussions have advanced, recent Amtrak moves to cut back
food & beverage service on two long-distance services and eliminate
station agents in 15 more National Network communities has forced us to
act. In your questionnaire, you raise concerns about the need for
Amtrak to lower their operating losses. However, as I've just stressed,
some long distance lines are critical transportation networks, but may
be difficult to turn a profit.
If you had to choose between lowering operating losses or shutting
down a long distance line--which would you choose?
Answer. If confirmed, I would work on ways avoid any such either/or
situation by supporting efforts to create efficiencies throughout the
system. I believe we need to seek solutions that have the maximum
possible impact with the least possible disruption to existing service
lines, ridership and staffing.
Question 2. Do you commit to protecting Amtrak's long distance
service, including whatever line or service is serving Nevada?
Answer. It would be difficult for me to support your nomination
with this uncertainty related to Amtrak service hanging over three of
the vital communities in Nevada.
I recognize the importance of long distance service and as a result
will keep an open mind and am willing to work with you and your staff
on specific issues. If confirmed, I commit to working closely with
Amtrak and Congress to understand any impacts or changes to specific
services or lines.
______
Response to Written Questions Submitted by Hon. Jon Tester to
Joseph Gruters
Question 1. Safeguarding Long-Distance Service Across Rural
America: Montanans value and rely on Amtrak for travel to jobs, school,
family and vacation destinations. The media report that Amtrak is
contemplating either discontinuing or reducing the number of days that
Amtrak provides service on its long-distance lines, such as the Empire
Builder line that crosses the full width of Montana.
Do you agree that Amtrak's long-distance routes are critical to
connecting people and communities in rural America and should be
safeguarded?
Answer. I recognize the importance of long distance routes and the
national network to communities in rural America. If confirmed, I am
committed to working with Amtrak leadership and Congress. I will be
open to hearing the concerns of those impacted by this issue. As a
Board member I have a fiduciary relationship to the Corporation with
the mission being set forth by Congress.
Question 2. What will you do to ensure that Amtrak will not reduce
the level of service on its long-distance lines operating through rural
America during your term as a member of Amtrak's Board?
Answer. I recognize the importance of long distance routes and the
national network. If confirmed, I am committed to working with Amtrak
leadership and Congress. I will be open to hearing the concerns of
those impacted by this issue. As a Board member I have a fiduciary
relationship to the Corporation with the mission being set forth by
Congress.
Question 3. Will you pledge that Amtrak will consult lawmakers and
the public in a transparent and timely way prior to any changes to
long-distance lines' funding and service?
Answer. I come from Florida where the open-meetings Sunshine Laws
exist, so my preexisting philosophy and practice is to be open,
transparent, and responsive. I believe that is the best system for
accountability. As a member of the Board, I will work to bring these
beliefs and practices to all that I do at Amtrak, including the
Corporation's private rail car policies and pricing.
Question 4. Maintaining On-Site Personnel at Amtrak Stations in
Rural America: There are reports that Amtrak will eliminate completely
on-site staff at several stations in Montana starting in June 2018.
This imposes an onerous and disproportionate burden on rural-based
passengers. Eliminating on-site staff at stations forces travelers to
purchase tickets on-line--which is problematic when access to reliable
Internet in rural America is spotty. (Nearly 23 percent in Montana do
not have access to a single provider of broadband services.) An
alternative is for customers to come to the station, hope that there
will be space available to board the train and if so, be required to
purchase tickets at the highest fare per Amtrak policy. Decisions that
result in such a scenario are unreasonable and just wrong. Will you
commit to reversing the practice of leaving rural-based passengers
without any on-site staff support at Amtrak stations?
Answer. If confirmed, I commit to working with Amtrak leadership
and Congress on this issue. I will be open to hearing the concerns of
those impacted. I have a fiduciary relationship as a member of the
Corporate Board with a mission set forth by Congress.
Question 5. States Matching Federal Funding to Cover Long-Distant
Train Service Operating Costs: In the FY 2019 budget, the
Administration states that reliance on Federal subsidies to operate
long-distance train routes should be reduced. The Administration
proposes to do that by having states match Federal funding to cover
operating costs for long-distance routes.
Given the constrained fiscal realities facing many state
governments, what would you expect to be the outcome if that strategy
is adopted?
Answer. If confirmed, I commit to learning more about this issue
and gaining a greater understanding of the impact of increasing cost
share for state-supported routes.
Question 6. Do you support this financing strategy?
Answer. As I am yet not a member of the Board, I would need to
learn more about the impact and specific details of this proposed
financing strategy. If confirmed, I commit to working with Amtrak
leadership and Congress to understand state supported routes and the
impact of increasing the cost-share for states. In terms of carrying
out any policies, I have a fiduciary relationship as a member of the
Corporate Board with a mission set forth by Congress.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Jennifer L. Homendy
Question 1. Unmanned Aircraft Systems (UAS), or drones, continue to
be used for variety of purposes in Alaska and across the country,
including for pipeline safety, innovation within the oil and gas
sector, and numerous other recreational and commercial activities.
Because of the enormous role aviation plays in Alaska, particularly
with our diverse geography and enormous airspace, we have long led the
way in developing innovative measures and partnerships to ensure our
aviation systems are safe, reliable and accessible for all users. Last
week, the Department of Transportation named the University of Alaska,
Fairbanks as one of 10 sites nationwide selected for the highly
competitive FAA UAS Integration Pilot Program. This is a positive step
to ensuring the development and advancement of the rules governing UAS
are made with the input, real-world applications and knowledge of
Alaskan stakeholders.
In your new role, will you ensure the agency shares what it has
learned to date from investigations of previous accidents, so that our
test sites are aware of NTSB recommendations on how in regards to
safety challenges affiliated with these rapidly changing technologies?
Answer. Yes, if confirmed, I will ensure that the NTSB shares with
Alaska's test sites what it has learned to date from completed
investigations of accidents or incidents involving UAS.
Question 2. Can you tell me what the agency does to ensure
employees have access to needed expertise that exists in private
industry to investigate in a field with rapidly changing technologies?
Answer. Transportation technologies continue to advance and it is
critical that the NTSB, like all Federal agencies, remain aligned with
changing trends. In the Consolidated Appropriations Act, 2018 (P.L.
115-141), Congress provided the NTSB with $4.4 million for Emerging
Transportation Technologies, which will largely be used for additional
training for NTSB staff and to support continued outreach with other
investigative agencies and industry stakeholders regarding the latest
innovations. An additional $3.6 million is included in the NTSB's
Fiscal Year 2019 Budget Request sent to Congress on February 12, 2018.
______
Response to Written Question Submitted by Hon. Dean Heller to
Jennifer L. Homendy
Question. Under the Nuclear Waste Policy Act, the Federal
government is looking at shipping 9,495 rail casks in 2,800 trains and
2,650 trucks hauling one cask each to Yucca Mountain over 50 years.
These shipments would use 22,000 miles of railways and 7,000 miles of
highways and cross over 44 states. Under previous questioning from me
at this Committee, Federal Railroad Administrator Ronald Batory and
Pipeline and Hazardous Materials Safety Administrator Howard Elliott
confirmed that a transportation accident with an ensuing radiological
release was possible.
Ms. Homendy, you testified that even if all of the National
Transportation Safety Board-recommended safety measures were to be
implemented, the risk of transporting nuclear waste would not be
eliminated.
Given your assessment that we cannot engineer out 100 percent of
the risk and given the significant number of proposed shipments, the
sheer distance to be traveled, and the 50-year duration of these
shipments, do you agree with Mr. Batory and Mr. Elliott that there is a
real risk of at least one transportation accident with an ensuing
radiological release occurring?
Answer. According to the Association of American Railroads, there
has never been a release as a result of a rail shipment of spent
nuclear fuel (SNF). But, in 2016, there were just eight shipments of
SNF (defense-related) out of about 2.2 million rail shipments of
hazardous materials. As you noted, under the Nuclear Waste Policy Act,
shipments would substantially increase.
The Federal Railroad Administration reports in its ``Safety
Compliance Oversight Plan for Transportation of High-Level Radioactive
Waste and Spent Nuclear Fuel'' that 75 to 90 percent of SNF and high-
level radioactive waste (HLRW) will be transported by rail under the
proposal. An increase in rail traffic of SNF and HLRW could increase
the risk of an accident with an ensuing radiological release. Even with
the strongest safety measures in place, it would be impossible to say
with 100 percent certainty that an accident could never occur.
______
Response to Written Questions Submitted by Hon. Bill Nelson to
Jennifer L. Homendy
Question 1. FIU Pedestrian Bridge Collapse: Ms. Homendy, the NTSB
is currently investigating a pedestrian bridge collapse at Florida
International University. Six people were tragically killed when the
bridge was reportedly in the process of being tested and fell on to a
state road that was open to traffic. This incident raised many safety
issues. As a result, I asked the DOT IG to examine the oversight roles
of all parties on the project as part of its audit into the bridge
collapse.
Do I have your commitment that, if confirmed, you will quickly get
up to speed on the NTSB's own investigation into the collapse and that
you will ensure it thoroughly examines whether federal, state and local
authorities conducted sufficient oversight and inspections of the
bridge's construction?
Answer. Yes, Senator Nelson. I know how important this
investigation is to you and the families of those that were tragically
killed in the bridge collapse. If confirmed, I will quickly get up to
speed on the NTSB's investigation of the collapse and I will ensure
that it conducts a thorough examination of all the matters surrounding
the collapse, including whether federal, state, and local authorities
conducted sufficient oversight and inspections of the bridge's
construction.
Question 2. El Faro: Ms. Homendy, The NTSB has made dozens of
recommendations to address the horrible tragedy of the sinking of the
El Faro cargo ship during Hurricane Joaquin. That accident happened in
2015 and it's high time that steps be taken so that such a catastrophe
never takes place again.
Ms. Homendy, if confirmed, will you work to make sure that the
agencies properly implement NTSB's recommendations to help make sure
such a tragedy never happens again?
Answer. Yes, Senator Nelson. I have read the report and I am
familiar with the safety recommendations that were issued as a result
of the accident investigation. As you know, over the past 14 years, I
have focused on rail, pipelines, and hazardous materials safety. If
confirmed, I will quickly get up to speed on marine safety so I can
advocate for swift implementation of these important safety
recommendations and work to ensure such a tragedy never happens again.
______
Response to Written Question Submitted by Hon. Richard Blumenthal to
Jennifer L. Homendy
Question. There is a new and emerging field in our transportation
system: driverless vehicles. These vehicles pose a number of safety
concerns.
What kind of role should the NTSB play in investigating and
understanding incidents related to autonomous vehicles?
Answer. The NTSB is an independent Federal agency that investigates
accidents in all modes of transportation to determine what caused them
and to make recommendations aimed at preventing future accidents. The
NTSB has considerable expertise in evaluating human performance and the
introduction of automation into complex human-centric systems across
all of the modes of transportation. I believe the Board's considerable
knowledge and its thorough work in investigating and analyzing traffic
crashes related to autonomous vehicles is invaluable in ensuring these
technologies are implemented safety.
______
Response to Written Questions Submitted by Hon. Catherine Cortez Masto
to Jennifer L. Homendy
Question 1. Safety Concerns with Moving Nuclear Waste: Ms. Homendy,
I appreciate our discussion on the need for a higher bar of safety for
the movement of hazardous materials in America, especially the
potential of thousands and thousands of rail casks and trucks hauling
spent nuclear fuel and high-level radioactive waste through the
country.
I know we were short on time, so I wanted to ask again, and provide
you the opportunity, to outline the broad set of rail and labor safety
regulatory efforts that have been legislated, or even recommended by
the NTSB, that have not been put into effect yet.
Answer. Congress mandated a number of important safety measures in
the Rail Safety Improvement Act of 2008 (P.L. 110-432), some of which
were based on NTSB recommendations, but have not been implemented yet.
These include requirements for the Federal Railroad Administration
(FRA) to:
establish minimum training standards for each class and
craft of safety-related railroad employee;
prescribe standards, guidance, regulations, or orders
governing the development, use, and implementation of rail
safety technology in non-signaled territory, known as dark
territory, such as switch position monitoring devices which
detect misaligned switches;
require railroads to develop and implement railroad safety
risk reduction programs and fatigue management plans (that
consider medical conditions such as sleep apnea); and
require railroads to provide emergency escape breathing
apparatus for all crewmembers in locomotive cabs with freight
trains carrying certain hazardous materials.
In addition, the railroads have not fully implemented positive
train control (PTC) which was mandated in the 2008 Act, and the FRA has
not updated its ``Safety Compliance Oversight Plan for Transportation
of High-Level Radioactive Waste and Spent Nuclear Fuel'' since 1998.
Two additional areas I would mention are fatigue and the use of
audio and video recording devices. The NTSB recommends that all safety-
sensitive employees be screened for obstructive sleep apnea, and that
audio and video recording devices be installed in all modes of
transportation, including in locomotive cabs. These two recommendations
have not been implemented yet and are necessary to ensure the highest
levels of safety.
Question 2. Do you believe that railroad personnel and emergency
responders have been adequately provided the training needed to handle
the transportation of high-level radioactive waste?
Answer. The FRA has not updated its ``Safety Compliance Oversight
Plan for Transportation of High-Level Radioactive Waste and Spent
Nuclear Fuel'' since 1998. While it includes some training requirements
for railroad personnel, consistent with existing Federal standards,
railroad personnel transporting spent nuclear fuel or high-level
radioactive waste require more advanced training to ensure the highest
levels of safety.
With respect to emergency responders, the National Fire Protection
Association reports that nearly 40 percent of all fire personnel
receive the lowest level of hazardous materials training, called
general awareness. General awareness training is intended to train an
individual to recognize a hazardous materials incident and take
appropriate steps to call emergency responders. It is not appropriate
for emergency responders themselves. Operations-level training, the
next level up, is intended to train personnel to take initial steps
during a hazardous materials incident to protect life and property.
Operations-level training, at a minimum, should be provided to all fire
personnel to ensure safety.
As you are aware, as part of the NTSB's report on the Casselton,
North Dakota crude by rail derailment, the board looked at rail braking
technology titled Electronically controlled pneumatic brakes, or ECP
for short.
Question 3. Are you familiar with this technology, and are you
aware that from that report, the previous NTSB Chairman Christopher
Hart stated ``Over the last decade, the NTSB has investigated a number
of catastrophic flammable liquid unit train derailments. Our
recommendations have called for improved technologies that can reduce
or minimize the risk of derailments. Improved braking capabilities are
but one part of the equation in making rail transportation safer.''?
Furthermore, on the ECP brakes, Mr. Sumwalt stated that in a
``study performed by our staff, it was determined that ECP brake
systems out-performed distributed power configurations and conventional
brake systems.''
Answer. Yes, I am aware that the NTSB conducted two safety studies
which found that ECP brakes outperformed distributed power and
conventional braking.
Question 4. Do you have any reason to contradict this peer-reviewed
analysis?
Answer. No.
Question 5. There is also the technology of Positive Train Control
that you noted in your statement, where the mandate is now 10 years old
and is still a ways from being fully implemented, correct?
Answer. Yes.
Question 6. As everyone knows, this is lifesaving technology that
the NTSB has identified to have been able to prevent over 150 rail
accidents just that the NTSB has investigated, you concur with that
estimate and that this is essential, life-saving technology for the
rail industry?
Answer. PTC is essential, life-saving technology. The NTSB has been
recommending implementation of PTC for nearly 50 years. In that time,
the NTSB has completed 151 investigations of rail accidents that could
have been prevented with PTC; two additional PTC-preventable rail
accidents are undergoing investigations. These 153 accidents have
resulted in nearly 300 fatalities and 7,000 injuries. Some railroads
have made progress; others have a lot of work to do. What concerns me
most are the lives that could be lost between now and when PTC is fully
implemented and operational.
Question 7. Technology and the Necessary Guardrails: Obviously,
we're in an innovation age where many technological developments are
driving economic expansion and can help society in a variety of ways.
I wanted to ask from your perspective, whether you agree with many
of us on the Commerce Committee that there are needed guardrails within
these technologies that will have to be put in place for various
elements like higher levels of safety, cyber security, privacy,
wouldn't you agree? I ask because Nevada is at the forefront of these
technologies, that's why I'm working to continue to lead an Innovation
State initiative.
Answer. There are many new and emerging technologies that have the
potential to improve safety, but there are also safety risks that need
to be fully evaluated and mitigated.
Question 8. As we're looking at legislation in the Congress, do you
believe these needed guardrails must be considered and addressed?
Answer. I believe that safety should always be considered and
addressed, and I believe the NTSB can play a valuable role in those
discussions. The NTSB has considerable expertise in evaluating human
performance and the introduction of automation into complex human-
centric systems across all of the modes of transportation. For example,
I believe the Board's considerable knowledge and thorough work in
investigating and analyzing traffic crashes related to autonomous
vehicles is invaluable in ensuring these technologies are implemented
safely.
______
Response to Written Question Submitted by Hon. John Thune to
Heidi King
Question. Ethanol is an affordable and comparatively clean source
of octane. As the agency considers CAFE standards for future model
years, to what extent does NHTSA anticipate a greater role for vehicles
with high-compression engines running on higher octane ethanol blend
fuels such as E15?
Answer. High-octane fuels, regardless of their source, can
significantly reduce knocking and allow for development and deployment
of high compression ratio engines. These engines can achieve greater
fuel economy performance. Conceptually, if the market were to adopt a
higher base standard of octane, the agency would anticipate automakers
may design vehicles with higher-compression ratio engines, thereby
achieving a higher base level fuel economy. NHTSA and EPA are
considering technologies for improved fuel economy including higher
octane blend fuels.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Heidi King
Question 1. There were approximately 755 child vehicular heat
stroke fatalities in the U.S. between 1990 and 2015--including 26 in
Mississippi. I believe these tragic deaths are easily preventable. I
cosponsored a provision in the AV bill that would require automakers to
install rear seat reminders in new vehicles to prevent children from
being unintentionally left in the back seat.
I've heard concerns regarding the cost of implementing child rear
seat reminders in new vehicles. This safety feature is already standard
in some vehicles. As autonomous vehicle technology continues to
improve, would you agree that this safety feature will become easier
and cheaper to implement in new vehicles?
Answer. Thank you for your attention to this important safety issue
and your leadership in raising awareness. I agree with you that these
tragic, heart-breaking deaths are preventable. I am aware that there
are technological solutions currently being researched and developed,
as well as several solutions that are being tested and even
incorporated in existing vehicles on the market today. I am optimistic
that advances in vehicle technology will make it easier and cheaper to
implement such technology in new vehicles in the near future, and that
consumers will drive adoption of such technologies.
Question 2. With tragic incidents continuing at an alarming pace, I
do not believe simple public service announcements are doing enough to
address the issue. What actions do you think the auto makers can take
to help prevent these senseless deaths?
Answer. Automakers can and will continue to research and develop
technology that will remind parents or vehicle operators to check the
rear seats for a child passenger. Whether it is by reminding them
through a call or text to their cellphone when the interior temperature
reaches a certain temperature, or alerting passersby through vehicle
horns or flashing lights. As you know, many of these tragic incidents
also involve children who let themselves into a parked vehicle without
the owner's awareness. Technology that would prevent such incidents is
just as important to an overall solution.
Question 3. What administrative actions beyond just public service
announcements can NHTSA take to help address the serious issue of child
vehicular heat stroke fatalities?
Answer. NHTSA works to share data and information and to identify
potential best practice approaches to mitigate hyperthermia cases. In
addition, the agency has conducted meetings with safety stakeholders to
provide an opportunity to discuss ways to collaborate and improve
ongoing efforts to raise awareness on this important safety issue.
Further, NHTSA is working with safety advocates, caregivers, and the
auto industry to educate the public about the dangers of heat stroke in
cars, and the agency is conducting research about the best methods and
technologies to end these tragic and preventable deaths.
NHTSA developed and made available research test procedures that
technology companies, vehicle manufactures, and inventors can use to
evaluate how a system performs under different real world scenarios.
You may find of particular interest this 2015 report addressing the
functional assessment of unattended child reminder systems.
Question 4. Toyota recently announced that it would be deploying
vehicles with DSRC systems by 2021.
Can you comment on whether NHTSA supports preserving the 5.9 GHz
spectrum band for vehicle-to-vehicle communications and other vehicle
safety applications?
Answer. Safety is the Department of Transportation's top priority.
It is DOT and NHTSA's hope to preserve the spectrum for transportation
lifesaving technologies.
Question 5. Is NHTSA collaborating with the FCC and NTIA on the
open proceeding at the FCC that is looking into spectrum sharing in the
5.9 GHz band? If yes, can you provide an update on your discussions
with those agencies?
Answer. NHTSA, in partnership with relevant Federal agencies, has
continued to pursue further research and testing of the 5.9 GHz
spectrum band. The agency is working closely with NTIA and the FCC, and
its technical experts and staff have shared data and results and are
coordinating efforts. I hope to provide additional information on the
status of our joint progress in the near future.
Question 6. Does the agency have the adequate number of resources
to handle dealing with new technologies in vehicles? How do you see
safety regulation evolving as cars increasingly employ crash avoidance
technologies?
Answer. The budget request lays the groundwork for NHTSA to respond
effectively to the changing technological environment and address new
safety challenges proactively. More specifically, NHTSA requested
nearly $38 million for Vehicle Safety Research and Analysis, including
a dedicated $10 million set-aside for Automated Driving Systems
research. NHTSA has identified the need for increased emphasis on crash
avoidance technologies with significant potential to reduce fatalities
and injuries by preventing the crash from occurring; reducing the
severity of crashes through automatic braking or steering
interventions; or by providing timely warnings to the driver. NHTSA
recognizes that the rapid pace of technological change requires the
agency to adapt, and to that end, the agency is performing extensive
research into the need to adjust current standards to recognize new
vehicle safety technologies.
Question 7. NHTSA's New Car Assessment Program rates vehicles to
determine crash worthiness. I understand that NHTSA intends to update
the program to reflect new safety technologies. Future direction of the
New Car Assessment Program (NCAP) is not clear. The second Request for
Comment of the proposed new NCAP was released and immediately withdrawn
due to the ``Regulatory Freeze'' in early 2017. There has not been any
clear indication how NTHSA will proceed with this proposal. What
actions do you intend to take at NTHSA to move this program forward?
Answer. NHTSA continues to evaluate the best manner in which to
improve consumer understanding of advanced safety technologies. In
2018, the agency plans to engage stakeholders on its next actions for
NCAP--the public comments received in response to the 2015 notice
demonstrated the need for a dialogue regarding the types of information
that would be most helpful to consumers and the types of tests and
rating systems would be best suited to achieve program goals. NHTSA
plans to give consideration to advanced driver assistance systems that
have the potential to further automotive safety. If confirmed, I plan
to focus agency efforts on how the program can most effectively deliver
information to the public.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Heidi King
Question 1. According to the National Highway Traffic Safety
Administration, there were 81 traffic fatalities in Anchorage between
2010 and 2014. Although 5 percent of people walk, bike, and ride
motorcycles as their primary mode of transportation in Anchorage,
combined they make up 52 percent of the traffic fatalities.
Working with the Municipality of Anchorage and Bike Anchorage,
``Vision Zero'' is an Anchorage based community commitment to reduce
the loss of life and major injuries on roadways to zero. This effort is
using a data-driven and coordinated approach to designing safer
streets, public education, evaluating what works, and enforcing the
best laws.
Can you tell me what NHTSA is doing to work with local partners to
identify specific traffic safety problems at the State and local
levels?
Answer. The Alaska Highway Safety Office 2018 Highway Safety Plan
includes performance targets to reduce both pedestrian and bicyclist
fatalities. There are two projects included in Alaska's plan which
address this issue. One project will engage community stakeholders in
the Anchorage area, especially the business community, in addressing
pedestrian safety issues in high risk areas. The second project will
fund various bicycle and pedestrian safety projects in the State that
are identified in the state's plan, which was developed by the Alaska
State Department of Transportation in collaboration with other
stakeholders including the highway safety office.
Thanks to Congress, the FAST Act also authorized a new non-
motorized grant program. NHTSA awarded these grants to States with
combined pedestrian and bicyclist fatalities greater than 15 percent of
the total motor vehicle related fatalities.
In FY 2018, 23 states (including Alaska), Puerto Rico and the
District of Columbia qualified for non-motorized safety grants.
Question 2. What countermeasures are available to curtail the high
fatality rates?
Answer. NHTSA's Office of Regional Operations and Program Delivery
administers more than $500 million in grant programs annually to the 50
states, the District of Columbia, Puerto Rico, the U.S. Territories and
the Bureau of Indian Affairs. Under Section 405, NHTSA awards grants
for occupant protection, state traffic safety information systems,
impaired driving countermeasures, distracted driving, motorcyclist
safety, non-motorized safety, and State graduated driver licensing
laws. Regional offices help states identify their highway safety
problems using data, evaluate safety programs and activities, and
provide technical assistance and training to State program managers.
NHTSA facilitates:
Occupant Protection Assessment
Impaired Driving Program Assessment
Traffic Records Assessment
Pedestrian Safety Program Assessment
Emergency Medical Services Assessment
Standardized Field Sobriety Testing Assessment
Driver Education Assessment
Motorcycle Safety Assessment
To further support local efforts, NHTSA offers marketing tools for
numerous traffic safety campaigns, including drunk driving, car seats,
vehicle safety, distracted driving, and motorcycles at https://
www.trafficsafetymarketing.gov/.
______
Response to Written Questions Submitted by Hon. Dean Heller to
Heidi King
Question 1. As you know, I authored a provision with Senator Markey
to ensure crash avoidance technologies are incorporated into safety
ratings for cars. I appreciate you responding to me with an update
about including these technologies in the safety rating, but it didn't
provide a timeline for completion. Can you provide me with a timeline
for a rulemaking and a deadline on when you intend to complete it?
Answer. We plan to continue our efforts to update NCAP by following
our process for public engagement, including a public meeting during
summer 2018. The timing and content of the rulemaking to add crash
avoidance information to the Monroney label will be determined from the
results of our public engagement process this summer and fall 2018.
Question 2. I authored a provision in the FAST Act that would allow
small kit car manufacturers to sell up to 325 completed replica
vehicles in the U.S. each year. The provision was straightforward, but
it has not been implemented yet. Can NHTSA issue an interim rule
allowing companies to register and begin production immediately while
the agency works on a rule? Can I have your commitment companies will
be able to start producing replica cars by August of this year?
Answer. An interim final rule would require a ``good cause''
exception from the notice and comment requirements of the
Administrative Procedure Act. NHTSA is drafting the Notice of Proposed
Rulemaking (NPRM) to address replica vehicles, and working to publish
the notice in the Federal register in May 2018. The timing and content
of a final rule will be determined following the public comment process
of the NPRM.
______
Response to Written Questions Submitted by Hon. Todd Young to
Heidi King
Question 1. Ms. King, on April 2 of this year, the Administration
issued a formal notice indicating the upcoming review of the emissions
standards for model year 2022 to 2025 light duty vehicles. I welcome
this Administration's attention to this important economic issue. The
Corporate Average Fuel Economy standards are an important issue for the
state of Indiana. The Hoosier state is the most manufacturing intensive
state in the country which is in large part is driven by Indiana's
status as a top-five automotive manufacturing state, with nearly half a
million Hoosiers employed in the sector. I would urge NHTSA, in
conjunction with the EPA, to dialogue with a wide range of stakeholders
throughout this process. It is of utmost importance for the
administration to dialogue with a diverse set of stakeholders,
including consumers, to ensure standards are technologically feasible,
economically efficient, and preserve vehicle choice. If confirmed,
could you speak to your plans regarding how NHTSA will ensure the
diverse coalition of stakeholders will be represented in the rulemaking
process?
Answer. I agree that the upcoming standards need to be
technologically feasible, economically efficient, and preserve consumer
choice. NHTSA has met extensively with a wide variety of stakeholders
to gather information as we have developed our proposal, and we look
forward to gathering more information from more stakeholders as part of
the public comment process once the proposal is public. In addition,
NHTSA is considering public meetings on aspects of the rule to enhance
transparency for all stakeholders.
Question 2. Ms. King, in your tenure as Deputy Administrator at
NHTSA, you have been involved in a multitude of important
transportation safety issues. In March, NHTSA launched an initiative to
combat drug-impaired driving on our roadways. In my home state of
Indiana, the opioid crisis continues to trouble numerous Hoosier
communities. If confirmed, could you speak to your plans for combatting
the opioid crisis on our transportation network? How can Congress
partner with NHTSA to further empower your efforts?
Answer. Last year, President Trump identified the opioid epidemic
as a public health emergency; we lost at least 64,000 neighbors,
friends, and family members to drug overdose, primarily from opioids.
Unfortunately, we don't know the full extent to which drug-impaired
drivers were involved in crashes, but we do know that impaired driving
is illegal and deadly. We also know that our partners in law
enforcement are seeing drug-impaired drivers on our roads and in the
courts every day.
Combatting drug-impaired driving requires proven strategies and
innovative practices. Across the country, NHTSA-sponsored programs like
the Advanced Roadside Impaired Driving Enforcement (ARIDE) training and
the Drug Recognition Expert (DRE) program, which is especially robust
in Indiana, help law enforcement professionals to remove drug-impaired
drivers from behind the wheel. NHTSA also provides training for
toxicologists and prosecutors to enhance the functioning of the
criminal justice system.
Like other states, Indiana's system for dealing with opioid-
impaired driving is not without its challenges. There is currently a
five-month delay on drug analysis for chemical testing samples due to a
backlog of samples. In addition, Indiana's chemical testing equipment
does not have the capability to do drug confirmations on samples which
screen positive for opioids, meaning the sample must be sent out of
State for confirmation. Efforts to remedy these problems are currently
underway.
As NHTSA continues its initiative to combat drug-impaired driving,
we are engaging stakeholders through listening sessions to identify
best practices and program needs. We know there are needs both in the
criminal justice community and in the toxicology realm so we will
convene experts from across the country to clarify what the gaps are.
NHTSA is also committed to improving the science behind the impairing
effects of drugs on driving safety. From these activities, NHTSA will
define a path for eliminating drug-impaired driving from our roads.
In 2018, Congress appropriated $5 million for NHTSA to enhance its
efforts to reduce impaired driving. These funds will support NHTSA's
new drug-impaired driving initiative. Further, the funds will help us
to develop robust and effective public education tools that focus on
the message that impaired driving includes both alcohol and other
drugs. Your attention and support are a significant contribution to
finding solutions to this challenging issue, and we look forward to
further collaboration on this lifesaving activity.
Question 3. Ms. King, NHTSA is at the heart of the autonomous
vehicle debate. As Congress works arduously to pass the AV Start Act in
this year, NHTSA's work in the AV space continues. Earlier this spring,
two notices were posted on the Unified Agenda of Regulatory &
Deregulatory Actions--notably removing barriers for Automated Driving
Systems and removing barriers for innovative motor vehicle
technologies. Can you please speak to how these notices may or may not
inform the work on the proposed rule for vehicle-to-vehicle
communication standards?
Answer. With the Request for Comments notices published earlier
this year, NHTSA sought public comments regarding the update of
regulations to adapt to new technologies. The comment period closed on
March 20, 2018 to which we received 97 submissions. The agency is
conducting a thorough analysis of each of these public comments and
determining appropriate actions to take moving forward. Any public
comment to this recent RFC pertaining to V2V will be taken in account
and considered along with the comments submitted to the V2V NPRM
published in December 2016.
Question 4. Ms. King, NHTSA's work is vital to ensuring violations
of emissions standards, like the recent Volkswagen emissions scandal,
does not occur again. In regards to diesel vehicles approved for sale,
how does NHTSA plan to monitor the vehicles fixed with reported
upgrades to ensure they will safely and reliably operate on U.S.
highways?
Answer. NHTSA is responsible for setting and enforcing fuel economy
and safety standards for vehicles. The Volkswagen emissions issue
centered on a violation of emission standards that the Environmental
Protection Agency (EPA) regulates and enforces. However, if the vehicle
fixes turn out to present an unreasonable risk to safety, NHTSA will
work with the manufacturers to ensure that the safety defects are
recalled and corrected.
______
Response to Written Questions Submitted by Hon. Bill Nelson to
Heidi King
Question 1. The Takata Recall: At your hearing, I asked whether you
would commit to requiring each automaker covered by the Takata recalls
to post a public plan detailing the specific steps it will take to
improve recall completion rates. You did not provide a clear ``yes'' or
``no'' answer to my request. Therefore, I ask you to require that all
automakers covered by the Takata recalls to post a public, written
commitment on NHTSA's website by no later than June 30, 2018 that lays
out all specific steps the automaker will take to meet or exceed the
recall completion rate schedule set in the Third Amendment to the
Coordinated Remedy Order, including, at a minimum, new outreach methods
and incentives to help reach impacted vehicle owners and whether the
automaker will provide rental or loaner cars, or another form of
alternate transportation, to consumers while they are waiting for their
vehicles to be repaired.
In addition, I would like to know what specific enforcement
actions, including, but not limited to, civil penalties, you intend to
take if automakers do not comply with this request or fail to meet
recall completion targets.
Answer. Yes, I will engage with each automaker affected by the
Takata recalls on providing a public plan regarding the specific steps
it will take to improve its recall completion rates. I share your
commitment to transparency and NHTSA has made efforts to provide
extensive information on these recalls on its website at www.nhtsa.gov/
takata.
NHTSA maintains robust authority and oversight of these recalls and
will not hesitate to take decisive action--including enforcement
action--as warranted. As necessary and appropriate, NHTSA will use its
available tools, which could include compelling additional information
through special orders or subpoenas, issuing new orders requiring
additional action authorized under the Vehicle Safety Act, or taking
civil penalty action for violations of law.
I thank you again for all of your efforts to draw attention to this
critical safety issue.
Question 2. Suspected Carbon Monoxide Intrusion in Ford Explorer
Vehicles: At the hearing, I asked you about the status of NHTSA's
investigation into carbon monoxide intrusion in 2011-2017 Ford
Explorers. This investigation has now been underway for more than 22
months, and NHTSA has received thousands of complaints of carbon
monoxide exposure, including dozens of reported injuries. In response,
you said, ``I'm happy to provide more information on that ongoing
recall; they've made great progress, and I'm looking forward to sharing
more information.''
Please provide a detailed update on the status of this
investigation, including a description of what progress has been made
and a timeline for its conclusion.
A recall has not been publicly announced. Does your reference to a
recall at the hearing indicate that NHTSA plans to announce a recall,
or are you referring to Ford's current ``customer satisfaction
program'' for these vehicles?
If a formal recall is planned, please details the proposed scope
and timing of such recall.
Answer. It was my intention to highlight Ford's ongoing ``customer
satisfaction campaign,'' not any specific recall. Ford has had this
campaign active since late last year to provide customers with a
solution to complaints they (and NHTSA) have received. The campaign is
targeted at both Explorers used by Police fleets as well as Explorers
used by civilians. NHTSA investigation of this issue continues as we
evaluate this solution. NHTSA has noticed a drop in consumer complaints
in recent months since the campaign has begun.
Question 3. Recall Completion Rates: Last year, as required by the
FAST Act, NHTSA issued a report to Congress on safety recall
competition rates that revealed that competition rates are far too low.
In fact, only 67 percent of passenger motor vehicle recalls were
remedied in 2014 according to the report. The FAST Act also required
the agency to issue a final rule by August 2016 permitting consumers to
receive notices of safety recalls via e-mail to help increase recall
completion rates. Yet, the agency has yet to complete this rulemaking.
Please provide an update on this rulemaking and the reason for the
delay.
Answer. NHTSA initiated a rulemaking in October 2012 to address the
provision in Section 24104 of the FAST Act to allow electronic
notification methods for vehicle recalls. An Advance Notice of Proposed
Rulemaking was issued by the agency on January 25, 2016, and was
followed with the publication of an NPRM on September 1, 2016. The
agency is currently evaluating comments to determine next steps.
Question 4. At the hearing, you answered a question from Senator
Inhofe pledging to consider ``economic practicality'' when evaluating
CAFE standards. However, the law directs NHTSA to set CAFE standards
according to ``maximum feasible average fuel economy.'' Economic
practicality is only one component of that mandate. In addition, the
Secretary is required to also consider technological feasibility, the
effect of other motor vehicle standards of the Government on fuel
economy, and the need of the United States to conserve energy.
Please explain your concept of ``economic practicability'' and how
you intend to evaluate CAFE standards pursuant to all elements of the
statutory mandate.
Answer. I intend to consider and NHTSA will seek transparent public
comment in the forthcoming NPRM on all statutory factors including
technological feasibility, economic practicability, the need of the
Nation to conserve energy, and other Federal rules.
Question 5. New Car Assessment Program: In December 2015, NHTSA
proposed upgrades to the New Car Assessment Program (NCAP). These
upgrades included provisions requiring more accurate test dummies and
injury criteria, pedestrian protection ratings, and evaluations of
vehicle safety technology, among many other improvements.
What is the current status of these proposed upgrades and when can
we expect to see these improvements integrated in the NCAP system?
Answer. NHTSA plans to continue our efforts to update NCAP by
following our process for public engagement, including a public meeting
during summer 2018. The timing and content of the rulemaking to add
crash avoidance information to the Monroney label will be determined
from the results of our public engagement process during the summer and
fall of 2018.
Question 6. Truck Safety: The National Transportation Safety Board
has made several recommendations regarding underride guards that have
not been completed. Every year, lives are tragically lost in truck
crash accidents because trucks don't have side underride guards that
prevent cars from going under the side of a truck. Further improvements
to rear underride guards could also prevent cars from going underneath
the back of a truck. Several families in Florida have experienced this
tragedy because the life-saving technology is not in place.
Do you believe it is time to require trucks to have underride
guards so no more precious lives are lost in such tragic accidents?
Answer. The agency seeks to take an approach to reducing crashes
involving passenger cars impacting the side and rear of commercial
motor vehicles taking into account all available technologies. I am
committed to a data driven approach to reducing these risks, including
an examination of all options. This includes an examination of crash
avoidance technologies, such as automatic emergency braking (AEB) and
forward collision warning, to mitigate the severity of these crashes
and to prevent them from occurring. NHTSA's research indicates that
these technologies on light vehicles have the potential of reducing
underride frequency and severity. Improvements to underride guard
standards will be evaluated along with the expected changes to the
vehicle crash environment.
Question 7. What is your plan to require improvements to rear
underride guards and the addition of side underride guards on
commercial motor vehicles? When will DOT implement NTSB's
recommendations? Please provide specific timelines.
Answer. On December 16, 2015, NHTSA issued a Notice of Proposed
Rulemaking (NPRM) for upgrading rear impact guards on trailers and
semi-trailers. NHTSA is reviewing these comments and developing next
steps.
On July 23, 2015, NHTSA issued an ANPRM for improved rear truck
underride guards and conspicuity tape on single unit trucks. NHTSA
estimates that rear guards are not cost effective for single unit
trucks. NHTSA is considering next steps regarding rear impact guards
and retroreflective tape for single unit trucks.
Regarding crash avoidance measures to reduce underride, per an
agreement reached with automakers in 2016, AEB will be offered as a
standard feature in virtually all new light vehicles by September 2022.
Question 8. Some trailer manufacturers currently have retrofit kits
available to strengthen existing trailers to enable them to meet the
Institute for Highway Safety's ToughGuard standard. Given the
availability of current technology to address this challenge, what
steps can the agency now take to prevent passenger compartment
intrusion and underride fatalities?
Answer. NHTSA continues to monitor the development of this
technology and will work with the Federal Motor Carrier Safety
Administration (FMCSA) to ensure that truck and fleet operators are
aware of safety considerations for trailer repairs. FMCSA operates
roadside inspection programs for commercial motor vehicles and
underride guards are inspected as part of these programs.
Question 9. When will NHTSA release the results of the Texas A&M
side underride study, which was completed at the end of 2017?
Answer. The report has been released and is available here.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Heidi King
Question 1. Fuel Standards: Do you agree with the head of the
Alliance of Automobile Manufacturers, a trade group representing major
automakers, when he testified last week that automakers ``support
standards that increase year over year that also are consistent with
marketplace realities?''
Answer. In the upcoming joint NHTSA-EPA Notice of Proposed
Rulemaking, the agency intends to seek comment on a wide range of
options, including various degrees of stringency increases year-over-
year. I support standards that comply with statute and are science-and
data-driven.
Question 2. The Administration's proposal to gut fuel economy
standards effectively means drivers will be forced to hand over to big
oil companies thousands of dollars more every year in added fuel costs.
Do you support measures that will force Americans to pay more at the
pump, or to be more likely to choose a more fuel-efficient foreign
produced vehicle?
Answer. I support standards that comply with statute and are
science-and data-driven.
Question 3. You have stated that NHTSA will set new fuel economy
rules for 2022 to 2025. Will this include revision of Mid Year 2021?
Answer. NHTSA is considering a range of options in order to ensure
compliance with statute.
Question 4. What is your view on the proposed ``one national
standard'' that Administrator Pruitt has mentioned?
Answer. NHTSA is working closely with the EPA to ensure that
automakers can comply with one set of requirements to the extent
possible within our authorities. As I mentioned during the hearing, I
support the concept of one national standard.
Question 5. Over the 40+ year history of the Clean Air Act and the
section 209 waiver for California and other states, the California Air
Resources Board has led the way in setting regulations for fuel economy
and emissions, and NHTSA has maintained pace. If EPA were to revoke the
Section 209 waiver for California, would NHTSA be ready to take the
lead on fuel economy standards? CARB uses considerable resources to set
standards. How will you increase staff and resources to match that
production?
Answer. Congress passed the Energy Policy and Conservation Act
(EPCA) in 1975, requiring the U.S. Department of Transportation to set
fuel economy standards. The Department has done so ever since. NHTSA
has an unparalleled team of engineers and attorneys who are experts in
this area. The agency also works with the U.S. DOT VOLPE Center to
perform the analysis necessary and appropriate to establish fuel
economy standards.
Question 6. One of the stated rationales for lower fuel economy
standards, or ``rollbacks'', is that it makes cars more affordable. Do
you believe that the CAFE program raises the price of cars? Does it
raise the price of cars after accounting for the cost of fuel?
Answer. Analysis performed by the U.S. EPA and by NHTSA on the
estimated cost impact of fuel economy technology indicates that CAFE
standards increase the price of vehicles. The impact on the price of
cars after accounting for the cost of fuel depends on many factors,
including an individual consumer's use of the vehicle, how long the
consumer owns the vehicle, and the price of the fuel.
Question 7. I believe the most recent scientific analysis disputes
the old argument that more efficient cars will have to be lighter-
weight, meaning they'll be unsafe because in accidents, so we need to
carefully balance safety against efficiency. Researchers from the
National Bureau of Economic Research collected weight data for vehicles
sold in the U.S. from 1954 to 2005, and analyzed reports of 17 million
crashes from 1989 through 2005. They found quote ``on net CAFE reduced
fatalities.'' Given this data, will you follow the best available
science when weighing CAFE standards against safety concerns?
Answer. Safety is the U.S. Department of Transportation's top
priority. NHTSA will continue to use the best available science in
determining standards such as CAFE. A 2015 National Academy of Science
study recommended that NHTSA perform further research in this area. The
agency has continued its research and will continue doing so.
Question 8. Delayed Rulemakings: During yesterday's hearing I
inquired as to the status of several critical safety rulemakings
mandated by Congress that are long overdue that would make the Lower
Anchors and Tethers for Children (LATCH) system for child restraint
systems (CRS) easier to use, improve the performance of CRSs in
crashes, require e-mail notification to consumers of a safety recall
and mandate rear seat belt reminders in vehicles. I was pleased to hear
that NTHSA is working diligently to complete these rulemakings and the
agency has accelerated its work in this area.
However, NHTSA has failed to provide target dates to complete the
rulemakings that will improve the ease of use of the LATCH system and
require e-mail notifications of safety defects to consumers.
Can you provide a date when the agency anticipates completing each
of these rulemakings?
Answer.
LATCH: NHTSA initiated a rulemaking in February 2012 to
improve on the usability of child restraint anchorage systems.
An NPRM was issued by the agency on January 23, 2015, to
address the provision in Section 31502 of MAP-21 to improve the
ease-of-use of child restraint anchorage systems in all rear
seating positions. The agency is currently evaluating comments
to determine next steps.
Notification of Vehicle Safety Recalls Via Electronic Means:
NHTSA initiated a rulemaking in October 2012 to address the
provision in Section 24104 of the FAST Act to allow electronic
notification methods for vehicle recalls. An Advance Notice of
Proposed Rulemaking was issued by the agency on January 25,
2016, and was followed with the publication of an NPRM on
September 1, 2016. The agency is currently evaluating comments
to determine next steps.
Question 9. NHTSA has indicated that it anticipates issuing a
Notice of Proposed Rulemaking in October of 2018 for the proposed
regulation requiring rear seat belt reminders. Will the agency meet
this deadline?
Answer. The agency is currently drafting the NPRM and through the
regulatory process and plans to publish the notice in October 2018.
Question 10. NHTSA has indicated that it will publish a Final Rule
on side impact requirements for CRSs in October 2018. Will the agency
meet this deadline?
Answer. The agency is currently drafting the final rule and through
the regulatory process, plans to publish the rule in October 2018.
Question 11. Drunk Driving: Distracted driving and drugged driving
have received a lot of public attention in recent years as traffic
safety threats. Drunk driving fatalities, however, have increased in
each of the past two years after years of decline.
Meanwhile, drunk driving arrests have steadily declined in recent
years. Do you share my concern about this increase in drunk driving
fatalities? What can and should NHTSA do to reverse these trends?
Answer. NHTSA shares your concern about the increase in drunk
driving deaths. Alcohol impairment remains one of the most serious
traffic safety problems. In 2016, there were 10,497 deaths involving a
driver above the legal blood alcohol level.
Experience has shown that a comprehensive approach is the most
effective means for addressing drunk driving. The agency is conducting
research and developing programs to assist states in addressing risks
ranging from underage drinking to binge drinkers and hard-core repeat
offenders. Approaches to change behavior include strong laws, such as
all-offender ignition interlock laws, and highly visible law
enforcement. NHTSA provides training for police officers and
prosecutors to strengthen arrest and courtroom procedures and education
for judges regarding sentencing alternatives.
The agency provides technical assistance for states that are
establishing DUI Courts to rehabilitate the most serious offenders and
sponsors two national impaired driving media campaigns each year to
deter motorists from making a bad decision about driving after
drinking.
NHTSA administers an Impaired Driving Grant Program to provide
resources for state programs and is working with the automotive
industry on innovative technology that could be deployed in a voluntary
market-driven manner to prevent drivers who are above the legal limit
from driving their vehicle.
NHTSA is also concerned that recent increases in drug use by
drivers may exacerbate the alcohol problem. Studies show that mixing
drugs and alcohol can amplify the effects of each and result in very
serious impairment. In coming months, we will conduct a series of
regional meetings to assess the problem and identify successful
practices, and gather national experts to identify approaches for
strengthening criminal justice processes and improving data systems.
In this spring's omnibus FY 2019 appropriations bill, Congress
increased funding for the NHTSA highway safety program by $5 million to
fund ``grants, pilot program activities, and innovative solutions to
reduce alcohol-impaired-driving fatalities and other causes of the
recent increase in highway fatalities from impaired driving''.
Question 12. What is the status of NHTSA's implementation of this
funding provision?
Answer. NHTSA plans to utilize these additional funds to strengthen
state and community impaired driving programs in several important
areas. A new initiative will be launched to reinforce the criminal
justice system to improve the arrest and adjudication of impaired
driving offenders. Tools and guidance will be developed to allow states
to examine their overall system and allocate resources for best system
performance. This initiative will assist states in maintaining a
balance between investments such as law enforcement training,
prosecution resources, and chemical testing capacity. A similar effort
will focus on data system development to assist states in collecting,
analyzing and utilizing consistent data on intoxication levels and
other critical measures. State demonstration projects will be launched
to test the effectiveness of these new tools and guidelines. Plans also
include support for a new media campaign addressing the risks of
driving while impaired by marijuana.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Heidi King
Question 1. Underguards and sideguards: What actions will you take
as administrator to mandate the installation of devices known as truck
underguards and sideguards?
Answer. NHTSA is currently evaluating the recent side underride
research report including available crash data and information to
determine the appropriate next steps. NHTSA recently released the
results of the study, which can be found here.
Question 2. Speed limiters: What actions will you take as
administrator to mandate the installation of devices known as ``speed
governors'' or ``speed limiters'' in heavy trucks?
Answer. NHTSA received more than 2,000 public comments from its
September 2016 proposed rulemaking to require a speed limiting device
on heavy vehicles. The agency continues to evaluate these comments,
available research, and determine next steps.
Question 3. Keyless Ignition Systems: Why isn't NHTSA able to keep
accurate tabs on deaths and injuries linked to keyless ignition
systems?
Answer. Verification of the death or injury to the keyless system
requires detailed information. NHTSA's ``Not in Traffic Surveillance''
(NiTS) system provides estimates on deaths that occur in or around
vehicles that are not on public roadways. The system uses state and
other data sources to make estimates of deaths not on roadways. This
publication describes how the system operates: https://
crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811813.
Question 4. What additional tools do you need to properly keep
track of these dangers, or any other vehicle-related but non-crash
incidents?
Answer. NHTSA uses the tools it has (consumer complaints) and NiTS
information (e.g., child heat stroke) to create programs for public
awareness and campaigns to address specific issues found in the data.
NHTSA is exploring other on-line sources of data (e.g., social media
and forums) to understand the value of these new sources of data.
Question 5. Are you committed to directing NHTSA's Office of
Defects Investigation to launching a probe into the 28 deaths and 45
injuries referenced in the New York Times article, and issuing
necessary recalls?
Answer. ODI uses a risk-based approach to determine whether an
investigation should be opened. The approach requires validated sources
of data on specific technology or systems alleging a defect that
affects vehicle safety. ODI has been tracking keyless ignition issues
and will act accordingly as the data is analyzed.
Question 6. Please describe in detail how you will raise public
awareness regarding the dangers of keyless ignition systems.
Answer. NHTSA is working to promote safety through sharing safety
tips and best practices for consumers regarding keyless ignition
systems. To educate the public, NHTSA produced educational videos to
raise awareness and continues to inform consumers about the safety of
keyless ignition systems. Please see additional details related to
NHTSA's public campaign at https://www.nhtsa.gov/driver-assistance-
technologies/keyless-ignition-systems.
Question 7. Please provide detailed information regarding any
recalls linked to keyless ignition systems.
Answer. The Office of Vehicle Safety and Compliance (OVSC) has one
recall involving keyless ignitions in 23,000 vehicles (2013 Ford Focus/
C-Max 13V-475). The recall involved:
a. A non-compliance with FMVSS 114, S5.1.3 which requires an audible
warning to the vehicle operator whenever the key is in the
starting system and the door located closest to the driver's
designated seating position is opened.
b. During OVSC testing of this vehicle, the keyless code was
electronically in the ignition, however, there was no audible
chime when the vehicle was operational and the driver's door
was opened.
c. Following subsequent discussions and testing, Ford submitted its
recall notice to NHTSA (Recall #13V-475) on September 30, 2015.
Question 8. Autonomous Vehicles and NTSB Recommendations: Following
the fatal collision between a Tesla vehicle operating in ``Autopilot,''
and a semitrailer near Williston, Florida on May 7, 2016, NTSB
investigated the incident and issued four new safety recommendations to
NHTSA \1\:
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\1\ https://www.ntsb.gov/safety/safety-recs/recletters/H-17-037-
043.pdf
H-17-037: Define the data parameters needed to understand
the automated vehicle control systems involved in a crash. The
parameters must reflect the vehicle's control status and the
frequency and duration of control actions to adequately
characterize driver and vehicle performance before and during a
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crash.
H-17-038: Develop a method to verify that manufacturers of
vehicles equipped with Level 2 vehicle automation systems
incorporate system safeguards that limit the use of automated
vehicle control systems to those conditions for which they were
designed.
H-17-039: Use the data parameters defined by the U.S.
Department of Transportation in response to Safety
Recommendation H-17-37 as a benchmark for new vehicles equipped
with automated vehicle control systems so that they capture
data that reflect the vehicle's control status and the
frequency and duration of control actions needed to adequately
characterize driver and vehicle performance before and during a
crash; the captured data should be readily available to, at a
minimum, National Transportation Safety Board investigators and
National Highway Traffic Safety Administration regulators.
H-17-040: Define a standard format for reporting automated
vehicle control systems data, and require manufacturers of
vehicles equipped with automated vehicle control systems to
report incidents, crashes, and vehicle miles operated with such
systems enabled.
NTSB also reiterated two safety recommendations for NHTSA:
H-13-030: Develop minimum performance standard for connected
vehicle technology for all highway vehicles.
H-13-031: Once minimum performance standards for connected
vehicle technology are developed, require this technology to be
installed on all newly manufactured highway vehicles.
As NTSB communicated to you: ``The NTSB is vitally interested in
these recommendations because they are designed to prevent accidents
and save lives.''
You filed responses to NTSB for all six of these recommendations on
February 7, 2018. Do you have any updates on any of them?
Answer. NHTSA appreciates the question and welcomes the opportunity
to provide updates on these important NTSB safety recommendations:
H-17-37--Define the data parameters needed to understand the
automated vehicle control systems involved in a crash. The parameters
must reflect the vehicle's control status and the frequency and
duration of control actions to adequately characterize driver and
vehicle performance before and during a crash.
NHTSA sent a follow-up letter to SAE International on
February 28, 2018, acknowledging the work underway to establish
an industry uniform data elements standard for crash
reconstruction purposes. NHTSA staff have been participating in
this activity. Discussions have involved data elements, trigger
events, and similar issues.
In NHTSA's follow-up letter, the agency emphasized that with
testing and deployment growing, their efforts need to be
expedited. This work will also help support public acceptance
efforts.
NHTSA is also finalizing the congressional report
requirement in the Fixing America's Surface Transportation Act.
H-2017-38--Develop a method to verify that manufacturers of
vehicles equipped with Level 2 vehicle automation systems incorporate
system safeguards that limit the use of automated vehicle control
systems to those conditions for which they were designed.
NHTSA continues to actively monitor the development and
deployment of lower level automation systems. If the agency
suspects an unreasonable safety risk (safety-related defect) in
the design or performance of a system, I commit to fully
exercising NHTSA's enforcement authority as appropriate. The
agency has continually emphasized that public education and
training on system functions, capabilities, and limitations to
avoid safety risks from abuse and misuse of the spectrum of
automation systems is a responsibility held by all. NHTSA is
also conducting research observing how drivers engage with
production Level 2 systems on short and long drives. Data
collection and analyses have been completed, and the agency
will make findings available on its website (www.nhtsa.gov),
expected by year-end. NHTSA has retooled its website to help
with the public's understanding of new vehicle technologies and
is working collaboratively with other organizations on this
issue.
H-17-39--Use the data parameters defined by the U.S. Department of
Transportation in response to Safety Recommendation H-17-37 as a
benchmark for new vehicles equipped with automated vehicle control
systems so that they capture data that reflect the vehicle's control
status and the frequency and duration of control actions needed to
adequately characterize driver and vehicle performance before and
during a crash; the captured data should be readily available to, at a
minimum, National Transportation Safety Board investigators and
National Highway Traffic Safety Administration regulators.
See response to H-2017-37, which similarly applies for this
recommendation. Additionally, NHTSA continues to direct
manufacturers and other entities to participate in the agency's
Early Warning Reporting program to assist in identifying safety
issues associated with ADSs.
H-17-40--Define a standard format for reporting automated vehicle
control systems data, and require manufacturers of vehicles equipped
with automated vehicle control systems to report incidents, crashes,
and vehicle miles operated with such systems enabled.
NHTSA's update for this recommendation is consistent with H-
17-37. SAE International's research to define the data
parameters of EDRs specific to automated technologies is
underway, and the Agency is considering the research needed to
develop a standard format for reporting such data.
H-13-30--Develop minimum performance standards for connected
vehicle technology for all highway vehicles.
See response for H-13-31, which similarly applies to this
recommendation.
H-13-31--Once minimum performance standards for connected vehicle
technology are developed, require this technology to be installed on
all newly manufactured highway vehicles.
A final NHTSA decision on the proposed rulemaking concerning
a ``vehicle-to-vehicle (V2V) communications'' mandate is still
pending. The agency, working with its counterparts at the
National Telecommunications and Information Administration
(NTIA) believes additional research is necessary on
interference testing. We are currently planning next steps and
will routinely update you on the status of our efforts.
Question 9. In your response \2\ on H-17-038 to NTSB, filed this
past February, you wrote that NHTSA has ``no current plans'' to verify
manufacturers of Level 2 vehicles incorporate system safeguards that
limit the use of automated vehicle control systems to those conditions
for which they were designed. Instead, you pointed to voluntary
guidance NHTSA published last fall for highly automated vehicles, which
is not even intended for SAE Level 2 vehicles. You requested that this
be considered a ``Closed-Acceptable Response.'' Do you really think a
voluntary and unenforceable guidance, which is not even required of SAE
Level 2 vehicles, is an adequate response to NTSB's recommendation?
---------------------------------------------------------------------------
\2\ https://www.ntsb.gov/investigations/AccidentReports/_layouts/
ntsb.recsearch/Recommenda
tion.aspx?Rec=H-17-038
---------------------------------------------------------------------------
Answer. I understand and appreciate your concern. In addition to
the Voluntary Guidance directed at the higher levels of automation, the
agency's enforcement authority under the Vehicle Safety Act provides
the ability to take decisive action if an unreasonable risk to safety
emerges from any level of automation.
Question 10. Under your tenure as Deputy Administrator, you made
the industry guidance for AVs even more voluntary and even less
specific. Given your response to H-17-037 (``The guidance may be
applied in part to any level of automation.'') and H-17-038, would you
commit to making sure any future editions of this guidance specifically
call on SAE Level 2 vehicles to submit Voluntary Safety Self-
Assessments?
Answer. The changes to develop the Automated Driving System 2.0: A
Vision for Safety guidance were in direct response to public input and
comments. NHTSA continues to monitor and be engaged in the development
and deployment of lower level automation systems. If the Agency
suspects an unreasonable safety risk (safety-related defect) in the
design or performance of a system, I commit to fully exercising NHTSA's
enforcement authority as appropriate.
Question 11. In your response to NTSB on H-17-038 dated February 7,
2018, you wrote, ``If NHTSA identifies a safety-related defect trend in
the design or performance of a system, or identifies through its
research or otherwise, any incidents in which a system did not perform
as designed (including Levels LO through LS), it would exercise its
authority as appropriate.'' \3\ There have now been several crashes
linked to vehicles operating in autonomous mode in recent months,
including two separate Tesla vehicles--one in California and another in
Utah--that have crashed into stopped firetrucks. What safety-related
defect trends have you found to date? Do you have sufficient staff and
resources to investigate and follow-up on possible defects?
---------------------------------------------------------------------------
\3\ https://www.ntsb.gov/investigations/AccidentReports/_layouts/
ntsb.recsearch/Recommenda
tion.aspx?Rec=H-17-038
---------------------------------------------------------------------------
Answer. Given the expertise available through SAE International,
NHTSA is working closely with this voluntary standards organization to
develop the appropriate data to collect for incidents involving
Automated Driving Systems as well as what trigger events are
appropriate to enable that collection. NHTSA sent a follow-up letter to
SAE International on February 28, 2018, acknowledging the work underway
to establish an industry uniform data elements standard for crash
reconstruction purposes.
In addition, NHTSA has launched Special Crash Investigations which
are underway. The findings of these Special Crash Investigations will
be reported and posted on NHTSA's website when the each of the
investigations are completed.
Question 12. NTSB's report on the fatal May 2016 Tesla crash said,
``Based on data from police-reported crashes, 70 percent of crashes
involving trucks occurred in scenarios that could potentially be
addressed by V2V systems . . . The NTSB concludes that connected
vehicle technology will be most effective when all vehicles traveling
on our roadways are equipped with the technology, and that is
particularly important with respect to large, heavy trucks that pose
the highest risk of injury to occupants of other vehicles.'' Do you
agree that V2V communications are critical for the safe deployment of
autonomous vehicles? When do you intend to finalize the V2V rule first
proposed in January 12, 2017? Will you ensure heavy-duty vehicles will
also be a part of any rulemaking on V2V?
Answer. Technology and innovation are key to moving forward with
automation in motor vehicles and NHTSA is committed to encouraging that
innovation without hindrance of design limitations. We have not made
any final decision on the proposed rule concerning a V2V mandate. While
DOT withdrew or revised 13 rules in 2017, V2V was not one of them, and
it remains on DOT's significant rulemaking report. DOT hopes to use the
dedicated spectrum for transportation lifesaving technologies. See
https://www.nhtsa.gov/press-releases/v2v-statement.
Question 13. Autonomous Vehicles: In your view, do the self-safety
assessment reports published by Waymo and General Motors provide NHTSA
with enough detailed information about each company's products to
determine whether these automated vehicles are safe and ready for use
on public roads? If YES, what specific information in these reports did
NHTSA rely on to evaluate the safety of these vehicles? If NO, what
other avenues does NHTSA anticipate using to determine that these
vehicles are safe and ready for use on public roads?
Answer. The Voluntary Safety Self Assessments are a way for
companies to explain to the public--not NHTSA--how they are addressing
safety. NHTSA is involved in routine conversations with these and other
companies and has tools at its disposal to employ if necessary to
collect additional information.
Question 14. Do you believe the voluntary guidelines issued by DOT
provide NHTSA with the tools it needs to determine whether AVs and AV
technology can be safely deployed on public roads?
Answer. NHTSA continues to monitor the development and deployment
of Automated Driving Systems. If the agency suspects an unreasonable
safety risk (safety-related defect) in the design or performance of a
system, I commit to fully exercising NHTSA's enforcement authority as
appropriate.
Question 16. Are you concerned about the potential for driver
distraction and disengagement that occurs with level 2 and level 3 AVs
as evidence by the Tesla crash that occurred in Florida and the Uber
fatality involving autonomous vehicles? If so, what steps is NHTSA
taking to ensure these systems are safe?
Answer. NHTSA and the Department released Automated Driving Systems
2.0: A Vision for Safety in September 2017 which included 12 safety
elements--developed by industry safety experts and through stakeholder
feedback as paramount in the safe design and implementation of
automated systems in our vehicles--for entities to consider in
designing Automated Driving Systems. In addition to incorporating
safety into the design of the vehicle, ADS 2.0 encourages consumer
education for ADS to educate consumers on the proper use and their
responsibility in the driving task. NHTSA is engaged in the testing of
current production systems as well as those under development,
participates in demonstrations of technologies and exchanges with ADS
entities regarding use and functionality, and provides outreach to
consumers through the NCAP program and the Automation website regarding
currently available systems. It is important to note that the highest
automation level publicly available at this time are Level 2 systems.
In addition to proactive efforts towards safety of systems, if the
Agency suspects an inherent safety risk (safety-related defect) in the
design or performance of a system, we are commit to fully exercising
NHTSA's enforcement authority as appropriate.
Question 17. Funding for NHTSA: The Administration's budget request
for DOT includes a $26 million reduction in funding for NHTSA's vehicle
safety program. Included in this cut is an over 50 percent reduction in
funding for the agency's enforcement budget which supports NHTSA's
efforts to identify safety recalls and ensure new vehicles, such as new
driverless cars, meet Federal safety standards. In addition, the
agency's rulemaking budget will be cut by nearly $2 million.
Do you think it is appropriate to cut NHTSA's enforcement budget at
a time when Americans are facing millions of safety recalls and
automakers are gearing up to commercialize autonomous vehicles?
Answer. The President's Fiscal Year (FY) 2019 budget request was
submitted to Congress prior to Congress passing appropriations for the
remainder of FY 2018. The FY 2019 President's budget requests $17
million for the National Highway Traffic Safety Administration's
(NHTSA) Enforcement activities. I believe the request provides the
resources needed to address new challenges while maintaining efforts
that advance NHTSA's core safety mission. The budget will allow NHTSA
to ensure industry compliance with motor vehicle safety standards, and
it will enable the Office of Defects Investigation (ODI) to continue to
expeditiously identifying and investigating safety defects in motor
vehicles, motor vehicle equipment, child seats, and tires.
Question 18. Do you think it is appropriate to cut NHTSA's
rulemaking budget at a time when NHTSA is in breach of many mandated
deadlines set by Congress in MAP-21 and the FAST Act?
Answer. The Fiscal Year (FY) 2019 President's Budget requests $21.5
million for the National Highway Traffic Safety Administration's
(NHTSA) Office of Rulemaking. This Office is responsible for
administering the Safety Standard Support Program, New Car Assessment
Program (NCAP), and the Fuel Economy Program. The budget request does
not propose to reduce funding for the Safety Standards Support program,
which is responsible for developing regulations mandated by MAP-21 and
the FAST Act.
Question 19. Takata Airbag Recall: What additional consumer
remedies can automakers provide their customers, to make it easier for
them to get their vehicle repaired?
Answer. NHTSA and the Independent Monitor have encouraged
automakers to consider and address owner inconvenience as an important
part of motivating vehicle owners to have the Takata repair performed.
There are many steps automakers can and are taking to make it easier
for consumers to have their vehicles repaired. These include providing
simple methods to schedule a repair appointment; free towing to the
dealership; ``front of the line,'' overnight, weekend, and other
extended hours of service; loaner or rental vehicles; free taxi or car
service rides; and mobile repair services at a location other than a
dealership. It is also important that automakers prominently feature
those services that they provide to reduce inconvenience in their
outreach. The Independent Monitor's research found that many vehicle
owners were unaware of the services provided, and that knowing of the
services would have made it more likely for an owner to have the repair
performed sooner. Additional information regarding these issues is
available in the Independent Monitor's November 2017 report, which
NHTSA has made available on its website at www.nhtsa.gov/takata.
Question 20. During your confirmation hearing, Ranking Member
Nelson asked you to commit to making public automakers' plans to fix
faulty airbags. In the exchange that followed, you expressed concern
about releasing confidential business information.
Please explain exactly what kind of information contained within an
automaker's plan to fix faulty airbags might be deemed confidential.
Why can't this information just be redacted? If you were to disagree
with an automaker's designation of certain information as CBI or trade
secret, would you object? How?
Answer. I commit to asking each automaker affected by the Takata
recalls to provide a public plan regarding the specific steps it will
take to improve its recall completion rates, which NHTSA will post on
its website. I share your commitment to transparency and NHTSA has made
efforts to provide extensive information on these recalls on its
website at www.nhtsa.gov/takata.
NHTSA's regulation at 49 C.F.R. Part 512 defines confidential
business information to include information that is not customarily
released to the public by the person from whom the information was
obtained, in addition to information that is likely to cause
substantial competitive harm or that is a trade secret. When an
automaker claims that information is confidential, NHTSA evaluates
those claims according to the standards of our regulation. NHTSA's
Office of Chief Counsel handles determinations on claims of
confidential treatment and I entrust that Office with evaluating
whether such claims are appropriate or not. Until the agency decides on
a claim of confidentiality, NHTSA is obligated to treat the information
as confidential. If the agency disagrees with an automaker's claim of
confidentiality, it generally must follow an administrative process
that involves a determination in writing and an opportunity for the
automaker to petition for reconsideration.
As for automakers' plans to fix defective air bags, the types of
information that automakers might claim as confidential could include
information on vendors and suppliers that they use to perform certain
tasks related to their recall outreach, pricing information, or other
detailed information that an automaker would not customarily release to
the public. An automaker that claims certain information it submits to
the agency is confidential must submit a redacted copy of the
submission, in addition to the complete, unredacted copy.
Question 21. CAFE Standards: The recently leaked joint NHTSA-EPA
draft proposal for fuel economy and vehicle emissions standards shows
that both agencies intend to freeze the existing standards through MY
2025. The preferred approach outlined in the document proposes zero
percent increases in standards from MY 2020-2025, which would increase
oil consumption by hundreds of billions of gallons through 2050. Even
less dramatic rollbacks in CAFE would increase U.S. dependence on oil.
Do you support this proposal for zero or only slight progress through
the next decade?
Answer. The law requires NHTSA to undertake a de novo rulemaking to
set CAFE standards for MYs 2022-2025. I intend to ensure that the
agency follows the Administrative Procedure Act in that rulemaking
process and base our proposal and final decision on the best
information and analysis available. The precise contours of the
proposal are still under deliberation. We look forward to issuing that
proposal as soon as possible.
Question 22. The leaked NPRM threatens state and local authority by
saying ``states may not adopt or enforce tailpipe greenhouse gas
emissions standards when such standards relate to fuel economy
standards and are therefore preempted under EPCA [the Energy Policy and
Conservation Act], regardless of whether EPA granted any waivers under
the Clean Air Act.'' District courts have already upheld California's
authority to regulate greenhouse gas emissions from vehicles under the
Clean Air Act. If this draft proposal moves forward, NHTSA will be
illegally trying to preempt this state authority. Do you support this
proposal to preempt state authority?
Answer. The precise contours of the proposal are still under
deliberation, and we look forward to issuing that proposal as soon as
possible.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Heidi King
Question 1. Energy Conservation and Oil Use: As the Administrator
for the National Highway Traffic Safety Administration, you would be
responsible for establishing and enforcing the fuel economy standards
for our Nation's vehicles. The 1975 Energy Policy and Conservation Act,
which first enacted the fuel economy standards, specifies that in
deciding the maximum feasible average fuel economy, your agency needs
to balance four considerations, one of which is ``the need of the
United States to conserve energy.'' We still import nearly 3.5 million
barrels of oil every day. We import more than 2.5 million from OPEC
nations like Saudi Arabia, Iraq and Nigeria.
a. Deputy Administrator King, is the need to conserve energy still a
key issue for the United States?
b. Will you commit that any fuel economy plan officially put forth
by NHTSA prioritizes our national need to conserve energy--to
reduce our consumption of oil by setting the maximum feasible
standards as required by the law, yes or no?
c. Will you commit that any such plan put forward by NHTSA will not
disregard this statutorily-required priority as a
consideration?
Answer. The overarching purpose of EPCA is energy conservation, and
NHTSA will absolutely consider the need of the U.S. to conserve energy
as part of its forthcoming proposal, along with the other statutory
factors we consider in determining maximum feasible CAFE standards.
Question 2. The standards on the books now will reduce our oil
consumption by 2.5 million barrels per day by 2030. But reports
indicate that the Trump Administration proposal aims to freeze the
standards at the 2020 level. Regardless of these reports or the current
status of the proposal, a plateau of standards at the 2020 level would
have serious consequences for American oil use, greenhouse gas
emissions, and costs to consumers.
d. Deputy Administrator King, would freezing the standards at the
2020 level--a sales-weighted average of around 37 mpg--lead to
more or less oil consumption than if we kept the standards at
their current trajectory?
e. Would freezing standards at the 2020 level mean consumers will
spend more or less money to purchase gasoline than if we kept
the current fuel economy emissions standards in place?
f. In your opinion, would freezing standards at the 2020 level be
consistent with the statutory mandate to develop ``maximum
feasible'' standards, especially considering the innovative
nature of American manufacturing?
g. What is your definition of ``maximum feasible,'' as set out in
the statute?
Answer. NHTSA and EPA are working towards a Notice of Proposed
Rulemaking that will include an analysis of the impact of proposed
options. The Regulatory Impact Analysis accompanying the proposed rule
will address changes in oil consumption, changes in fuel consumption,
and other impacts of each of the options considered. The analysis will
be available for public comment in order to ensure that the best
possible information is used to support the final rulemaking.
EPCA requires that the standards be set at a level that is maximum
feasible, specifying specific factors that must be considered. NHTSA
will seek public comment in the upcoming proposal as the agencies
prepare to set standards that are maximum feasible consistent with the
statute, that consider the four factors laid out in the statute, and
that are based on an evaluation and weighing of the best available
information.
Question 3. Auto manufacturers have expressed concern over the fuel
economy standards and their cost to the industry. However, we have
heard these concerns before. In 2007, Susan Cischke of Ford Motor
Company said, ``We don't even know how to reach [35 miles per gallon by
2020], not in a viable way. [It] would break the industry.''
h. Are there vehicles that are currently on the market that achieve
the goal of 35 mpg?
i. Since the fuel economy standards were established in 2012, have
auto manufacturers had any years of record vehicle sales? If
so, how many and when?
j. Since the fuel economy standards were established in 2012, how
many jobs have been added in the auto industry?
Answer. Yes, there are vehicles currently on the market with a mpg
of higher than 35 mpg. Vehicle sales are influenced by numerous
factors, including broad economic conditions such as employment and
income levels, as well as new approaches to financing, and low fuel
prices, as well as other factors.
Question 4. California Waiver Preemption: Massachusetts is one of
the 12 states that have adopted California's strong vehicle greenhouse
gas emissions standards, which it depends upon to protect the climate
and clean air. California has been issued a waiver under the Clean Air
Act that allows it to keep its own vehicle greenhouse gas emissions
standards. More than 100 waivers for vehicles emissions have been
issued to California and none have ever been revoked. The draft
proposal purportedly asserts that, ``States may not adopt or enforce
tailpipe greenhouse gas emissions standards when such standards relate
to fuel economy standards and are therefore preempted under EPCA [the
Energy Policy and Conservation Act], regardless of whether EPA granted
any waivers under the Clean Air Act (CAA).''
k. Deputy Administrator King, do you think that the Energy Policy
and Conservation Act preempts the California waiver for vehicle
greenhouse gas emissions under the Clean Air Act, yes or no?
l. Are you aware that the argument that EPCA preempts CAA waivers
was rejected in multiple court decisions in 2007?
m. Does the EPA or NHTSA have the authority to regulate greenhouse
gas emissions?
Answer. EPCA's preemption provision applies to state standards
related to fuel economy.
NHTSA believes that the 2007 court decisions you reference applied
to EPCA preemption of state standards that had been granted a waiver
under the CAA.
EPA's Endangerment Finding for Greenhouse Gas Emissions trigger an
obligation for EPA to set standards for GHG emissions from motor
vehicles. NHTSA's authority to set fuel economy standards effectively
results in NHTSA also regulating carbon dioxide emissions from those
vehicles, because fuel economy standards necessarily affect carbon
dioxide emissions due to the chemical nature of combustion. For this
reason, NHTSA and EPA are coordinating closely in developing a joint
rulemaking related to automotive fuel economy and emissions.
Question 5. Climate Change: A report released by the Trump
administration last November found that it is extremely likely that
human activity, particularly the emissions of greenhouse gases, is the
dominant cause of observed warming since the mid-20th century. The
production of this report was overseen by 13 different agencies,
including the Department of Transportation.
n. While I acknowledge that you are not a climate scientist by
training, as you said to Sen. Hassan during your nomination
hearing, do you agree with the findings of this report that the
consensus of scientific research shows humans are the dominant
cause of climate change, yes or no?
o. Do you agree that climate change contributes to the increasing
severity of extreme weather events, including droughts and
floods, yes or no?
Answer. I will, if confirmed, continue to execute the statutory
requirements of the agency in a science-and data-driven manner. As an
automotive and traffic safety regulator, you have my commitment to be
thoughtful and transparent in all agency actions. Where it is necessary
for us to consider climate impacts, I will do so, relying on the expert
engineers, attorneys, scientists and others. Thank you for highlighting
the report above. In 2009, the EPA published an endangerment finding
related to CO2 and I have no scientific information
suggesting that I should dispute that action.
Question 6. Civil Penalties for Noncompliance: On March 27, 2018,
NHTSA issued a notice of proposed rulemaking that aimed to freeze the
penalty rate for manufacturers that fail to meet the Corporate Average
Fuel Economy (CAFE) standards at $5.50, preventing them from rising to
$14 for Model Year 2019 vehicles as scheduled. Manufacturers have to
pay this fine for every tenth of a mile per gallon by which the
standards are missed.
p. How did NHTSA make the determination to propose freezing the
monetary civil penalties?
q. What was your personal involvement in NHTSA's determination to
propose freezing the penalties?
Answer. NHTSA issued its proposal to retain the $5.50 rate for CAFE
civil penalties based on an evaluation of the available information
following its request for comments on this issue in July 2017, which
was the first time the agency sought public comment on the issue. Part
of this consideration was based on an evaluation of the relevant
statutes and a tentative legal determination that the CAFE penalty rate
is not a ``civil monetary penalty'' subject to inflationary adjustment
under the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015. NHTSA has not yet made a final determination on the CAFE
penalty rate, which is currently under consideration.
My personal involvement was to approve the tentative determination
and the issuance of the agency's proposal to obtain relevant views and
information from the public. I signed the notice of proposed rulemaking
as NHTSA's Deputy Administrator.
Question 7. Early Warning Reporting Systems: Automobile defects
must first be identified before they can be remediated. That's why, in
2000, I worked with Congressman Henry Waxman and my other colleagues to
create the Early Warning Reporting--EWR--System, which requires NHTSA
to publish information in which a potential defect could have caused a
fatality or serious injury. With this information, independent
automobile safety experts, and the public could identify and report
potential defects. And while EWR has helped save lives, we should still
make several important improvements to ensure the EWR is performing its
life saving function, like updating NHTSA's online database and
requiring equipment manufacturers to automatically submit the accident
report or other documents to NHTSA.
a. Deputy Administrator King, will you work with us on making these
much needed improvements to the EWR System?
Answer. NHTSA's Office of Defects Investigation (ODI) continues to
analyze the large volumes of EWR information that comes from about 1000
companies required to file data. These analyses identify potential
defect trends and issues that can be used in recently developed risk-
based processes to open investigations. ODI has been meeting with
manufacturers to ensure they are meeting their report requirements and
determining possible improvements to EWR data to be responsive to new
technology and methods of analysis. These discussions are ongoing.
NHTSA is enhancing and modernizing ODI's data repository and analysis
system (Artemis) to include more automated uploading of information by
manufacturers, the ability to link and analyze more data as well as
conduct pre-investigative and investigative activities more efficiently
and effectively.
Question 8. Seatback Safety: The safest way to transport children
is in the backseat of a car, unless the front seats are so weak that
they collapse during a rear end collision, endangering occupants in the
second row. Regrettably, the Center for Auto Safety estimates the seat
safety defect leads to the death of at least 50 children per year.
Despite this, NHTSA has not updated its seat safety standards for 50
years.
a. Deputy Administrator King, will you commit to updating seat
safety standards to prevent such tragedies from reoccurring?
Answer. NHTSA is evaluating all options to address seatback safety
for rear end collisions. The agency is also working to improve side and
frontal impact protection for child restraint systems through two
different statutorily required rulemakings in 2018.
Question 9. Rulemaking Statutory Deadlines: For decades, Congress
has worked on a bipartisan basis to enact laws to improve automobile
safety and reduce vehicle-related fatalities. Unfortunately, over the
past few years, NHTSA has missed several key statutory deadlines for
the development of these rules. These acts of Congress cannot have
their life-saving impact if they are not actually implemented.
a. If confirmed, will you commit to clearing the backlog of
statutorily required yet incomplete rulemakings within 2 years?
b. Will you commit to complete all future statutorily required
rulemakings within their deadlines?
Answer. Safety is the U.S. Department of Transportation's top
priority. I am committed to safety and the agency will continue its
focus to complete of all statutorily required rulemakings through the
regulatory process.
Question 10. Automotive Recyclers (Takata): While the deaths
attributable to the Takata defect continue to rise, millions of
defective and highly volatile Takata air bags remain on our Nation's
roads, putting the driving public in danger. As of the third quarter of
2017, less than half of the 50 million defective Takata air bags
currently under recall have been repaired. And an additional 19 to 24
million additional air bags are scheduled to be added to the recall as
they reach a state of instability. That is unacceptable. Simply put--we
have far too many Takata airbags on the roads, years after national
recalls began. For completion rates to improve, automobile manufactures
should provide important information--including VINs, part names, part
descriptions, part numbers, serial numbers, and VIN completion status--
to automotive recyclers and repair shops.
a. If confirmed, will you work to ensure such information is
available?
Answer. Yes, if confirmed I will continue to work to facilitate
information sharing and partnerships to identify and remove defective
Takata air bags from the stream of commerce, and to reach affected
vehicle owners. The automotive recycling industry and independent
repair facilities are critical players in making the Takata recalls a
success. NHTSA and the Independent Monitor have encouraged the affected
automakers to work with these groups as part of their recall
strategies, as described in greater detail in the Independent Monitor's
November 2017 report, which is available on NHTSA's website at
www.nhtsa.gov/takata.
Specifically, NHTSA has been working with the automakers involved
in the Takata recalls and the automotive recycling industry to
facilitate information sharing to identify recalled parts and ensure
they are not sold in violation of law. In April 2016, the Independent
Monitor recommended that automakers employ salvage recovery services to
retrieve scrapped or salvaged inflators. This recommendation included
providing identifying information, including VINs, to these vendors.
The Independent Monitor and NHTSA have continued to assist automakers
in understanding the importance of addressing salvage parts as a part
of their recall strategy. Over time an increasing number of automakers
have engaged with salvage recovery service to collect defective
inflators.
NHTSA has also encouraged automakers to work with independent
repair facilities on the Takata recalls. The Independent Monitor's
April 2016 recommendations encouraged automakers to engage with third
parties, including independent repair facilities to conduct outreach.
Since many vehicle owners bring their vehicles to independent repair
facilities for service, they are an effective touchpoint to reach
owners with an open Takata recall. This has proven to be a success in
helping to increase recall completion rates, as described in the
Independent Monitor's report. NHTSA and the Independent Monitor have
continued to engage with the automakers on this topic, including
addressing the issue at multiple automaker summits.
As of March 30, 2018, 22.9 million airbags have been replaced.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Heidi King
Question 1. Where do you think we stand in the fight on drunk
driving? Do you have a plan in place to address the increase in
fatalities?
Answer. NHTSA has made significant progress in reducing drunk
driving deaths, but with 10,497 deaths in 2016 involving a driver above
the legal blood alcohol level, this remains one of the most serious
traffic safety problems and much work still needs to be done.
Experience has shown that a comprehensive approach is the most
effective means for addressing drunk driving. The agency is conducting
research and developing programs to assist states in addressing risks
ranging from underage drinking to binge drinkers and hard-core repeat
offenders. Approaches to change behavior include strong laws, such as
all-offender ignition interlock laws, and highly visible law
enforcement. NHTSA provides training for police officers and
prosecutors to strengthen arrest and courtroom procedures and education
for judges regarding sentencing alternatives.
The agency provides technical assistance for states that are
establishing DUI Courts to rehabilitate the most serious offenders and
sponsors two national impaired driving media campaigns each year to
deter motorists from making a bad decision to drive after drinking.
NHTSA administers an Impaired Driving Grant Program to provide
resources for state programs and is working with the automotive
industry on innovative technology that could be deployed in a voluntary
market-driven manner to prevent drivers who are above the legal limit
from driving their vehicle.
NHTSA is also launching an initiative to address the emerging
problem of drug-impaired driving. Studies show that drug use can
seriously affect driving, especially when used in combination with
alcohol. In coming months, we will conduct a series of regional
meetings to assess the problem and identify successful practices, and
gather national experts to identify approaches for strengthening
criminal justice processes and improving data systems.
Question 2. My state of New Mexico is a leader when it comes to
implementing a robust ignition interlock program. What needs to be done
to get more states to implement forward thinking programs like we do in
New Mexico?
Answer. New Mexico has long been a leader in drunk driving programs
and was the first state to enact an ignition interlock law that covers
all offenders. More than 25 others have since followed the state's
example. NHTSA is pursuing several approaches to encourage more states
to expand their use of ignition interlocks for convicted drunk driving
offenders. Incentive programs have shown success in encouraging states
to consider effective new strategies, and the agency administers the
Congressionally-authorized Ignition Interlock Incentive Grant Program
that rewards states that enact an all-offender interlock law meeting
certain basic criteria. NHTSA also provides training and technical
assistance for states to implement such laws and realize their full
effectiveness.
Question 3. I would like to talk with you about the advanced
alcohol detection system research project known as DADSS. This project
was conceived in my state at a MADD conference in 2006 and my
legislation, the ROADS SAFE Act, authorized and funded it. I was
pleased to have broad support for my bill, including from elements of
the alcohol industry. I was also proud to participate in an event about
the progress of the program nearly three years ago at DOT headquarters.
There was a great deal of enthusiasm and hope that day about the
possibility of having a system available in vehicles that could save up
to 7000 lives a year. My concern now is that after about a decade of
work, we do not seem to be seeing as much progress as many of the
program supporters anticipated. I hope that you have taken a detailed
look at the program and that you will make its success one of your
priorities.
Have you visited the DADSS facilities?
Answer. Unfortunately, I have not yet had the opportunity to visit
one of the facilities. I hope to visit in the near future.
Question 4. What can you tell us about the current status,
particularly deployment of a robust field test program?
Answer. There are two field trials underway. The first involves a
total of forty vehicles, of which five have been currently built up.
Data collection will start for this trial once any required Paperwork
Reduction Act approval is obtained. On a related note, NHTSA already
has one vehicle deployed in Virginia that is collecting data, and has
four more planned for deployment in in mid-June.
Question 5. Will you commit to working with me as we work on the
reauthorization and funding of this program?
Answer. Yes.
Question 6. Does the agency have sufficient resources to accelerate
the program?
Answer. Yes, the agency has already accelerated the program and is
now investigating issues related to deployment.
Question 7. In this regard, could we see more financial support
from the auto industry to help accelerate development and deployment? I
should note that the auto industry contributes substantially less in
terms of actual dollars to the program than the original agreement
which is down from the 50-50 split at the start of the program.
Answer. While the split that you mentioned is down, the auto
industry has been financially supporting other efforts related to the
program, such as the IP issues associated with some of the technologies
being developed. Similarly, the majority of the vehicles being used in
the field operational trial are donated by the OEMs.
Question 8. Autonomous Vehicles: Do the self-safety assessment
reports published by Waymo and General Motors provide NHTSA with enough
detailed information about each company's products to determine whether
these automated vehicles are safe and ready for use on public roads?
Answer. The Voluntary Safety Self Assessments are a way for
companies to explain to the public--not NHTSA--how they are addressing
safety. NHTSA is involved in routine conversations with these and other
companies and has tools at its disposal to employ if necessary to
collect additional information.
Question 9. If yes, what specific information in these reports did
NHTSA rely on to evaluate the safety of these vehicles?
If not, what other avenues does NHTSA anticipate using to determine
that these vehicles are safe and ready for use on public roads?
Answer. NHTSA does not pre-certify or approve vehicles, it sets and
enforces Federal motor vehicle safety standards. If there is an
unreasonable risk to motor vehicle safety, we also pursue defect
investigations. For Automated Driving Systems, NHTSA released final
guidance in September 2017 to further support their safe testing and
deployment.
Question 10. I am concerned about the proposed cuts to the NHTSA
budget and the increased demands on the agency. Do you believe that
NHTSA is ready for the increased demands necessary for the safe
deployment of autonomous vehicles on our Nation's roads?
Answer. Yes. NHTSA experienced significant increases in FY 17 and
18 that have greatly helped accelerate the work needed to continue
supporting the safe testing and deployment of Automated Driving
Systems.
______
Response to Written Questions Submitted by Hon. Tammy Duckworth to
Heidi King
Question 1. As you know, the Administration's budget request for
USDOT includes a $26 million reduction in funding for NHTSA's vehicle
safety program that cuts in half the agency's enforcement budget,
including NHTSA's efforts to identify safety recalls even though 680
million vehicles have been subject to a safety recall over the past 20
years. The President's budget also cuts nearly $2 million from NHTSA's
rulemaking budget. Please explain why it makes sense to cut NHTSA's
rulemaking budget when the agency is behind schedule in issuing safety
rulemakings directed by Congress that enhance safety for the traveling
passengers?
Answer. The Fiscal Year (FY) 2019 President's Budget requests $21.5
million for NHTSA's Office of Rulemaking. This Office is responsible
for administering the Safety Standards Support Program, New Car
Assessment Program (NCAP), and the Fuel Economy Program. The budget
request does not propose to reduce funding for the Safety Standards
Support program, which is responsible for developing regulations
mandated by MAP-21 and the FAST Act.
Question 2. Do you concur with the NTSB's recommendation that NHTSA
define the data needed to understand the performance of autonomous
vehicle (AV) control systems involved in a crash and develop a standard
format for the reporting of data generated by AVs? What actions has
NHTSA considered in response to NTSB's recommendations on AV vehicle
data?
Answer. As there are currently no Automated Driving Systems on the
road for sale to the public, NHTSA is focusing its efforts towards work
with SAE International to develop standards rather than initiating
regulatory activities. The agency will continue collaborating with SAE
to accelerate their work on data elements to help reconstruct the
events surrounding a crash of a vehicle equipped with an Automated
Driving System.
Question 3. In MAP-21, Congress directed NHTSA to issue regulations
requiring rear seat belt reminders in all new motor vehicles by October
2015, but the agency has yet to issue a Notice of Proposed Rulemaking
(NPRM). Will NHTSA meet its most recent deadline for issuing a NPRM in
October 2018?
Answer. The agency is currently drafting the NPRM and through the
regulatory process, plans to publish the notice in October 2018.
Question 4. Also included in MAP-21, Congress directed NHTSA to
issue a final rule to improve the ease of use of Lower Anchors and
Tethers for Children (LATCH) systems in rear seating positions by
October 2015, but the agency has yet to meet this deadline. Please
provide an update on the status of this rulemaking. Will NHTSA complete
this rulemaking within the next 12 months?
Answer. NHTSA initiated a rulemaking in February 2012 to improve on
the usability of child restraint anchorage systems. An NPRM was issued
by the agency on January 23, 2015, to address the provision in Section
31502 of MAP-21 to improve the ease-of-use of child restraint anchorage
systems in all rear seating positions. The agency is currently
evaluating comments to determine next steps.
Question 5. In 2015, NHTSA granted a petition for rulemaking to
require Automatic Emergency Braking (AEB) on commercial motor vehicles
above 10,000 pounds, yet NHTSA has still not undertaken any regulatory
actions. Please provide an update on NHTSA's work in this area. By what
date will NHTSA issue a proposed rule?
Answer. NHTSA continues its research and field operational tests
for heavy vehicle AEB. The agency has been evaluating the technology to
determine the appropriate test procedures, costs, and benefits. NHTSA
researched early systems from 2013-2016, and is currently studying next
generation technology through a naturalistic study using a field
operation test. NHTSA expects to complete the critical field operation
testing in 12--18 months from now. This research and other information
will help inform an agency decision on next steps.
Question 6. In a recent op-ed, EPA Administrator Scott Pruitt
argued that fuel economy and greenhouse gas standards are pushing jobs
out of the country. Do you agree?
Answer. Numerous studies find that regulations can change the cost
of production and can result in a shift in manufacturing employment.
These potential shifts are discussed in many Regulatory Impact Analyses
produced by the EPA and other Federal agencies as well as in academic
studies.
______
Response to Written Questions Submitted by Hon. Catherine Cortez Masto
to Heidi King
Question 1. NHTSA's New Car Assessment Program: One NHTSA program
of interest is NCAP, the agency's New Car Assessment Program that
provides consumers with comparative information on vehicle safety
performance and new safety features.
Given the activity surrounding autonomous vehicles, with
manufacturers, technology, and ridesharing entities all rushing towards
fully autonomous vehicles (L5), how do you foresee NCAP evolving to
keep pace with the introduction of new safety features?
Answer. NHTSA plans to renew our dialogue with the public this year
to further inform NHTSA and help shape NCAP's future. The agency is
confident that the results of this process will enable NHTSA to respond
to the unprecedented technology advances in the market.
Question 2. How will a modernized NCAP address crash avoidance and
crashworthiness, and is there a role for increasing consumer education
to ensure these safety improvements are captured?
Answer. Although it is difficult to predict specific market
direction, the agency is confident that its planned process for public
engagement will inform and enable NHTSA's action to leverage the best
and appropriate safety information for crashworthiness and crash
avoidance. NHTSA believes there's a great opportunity and role for NCAP
to continue its consumer education efforts on the safety of vehicles
with advanced technologies.
Question 3. If confirmed, can you give us complete confidence that
you will sanction the timeline for the U.S. NCAP, such that as a nation
strongly interested in safety, we don't fall behind the EuroNCAP
confirmed for 2020?
Answer. Yes, I will endeavor to make U.S. NCAP the leading
governmental safety assessment.
Question 4. If confirmed as Administrator, do you plan to update
U.S. NCAP and begin rule making?
Answer. Yes.
Question 5. If so, what is the anticipated timeline for this
process and implementation?
Answer. NHTSA is working to launch a plan of action later this
year.
Question 6. As the Acting Administrator, what have you done to
advance U.S. NCAP and further safety in U.S.?
Answer. The agency has continued its testing and has communicated
safety ratings information for more than 85 percent of new cars and
trucks sold in the U.S. last year. In the Model Year 2018 vehicle fleet
assessment, NHTSA added two crash avoidance technologies to NCAP: (1)
crash imminent braking, and (2) dynamic brake support technologies.
Question 7. Do you have any concerns that we are falling behind
other nations?
Answer. No. American companies are among the world leaders in
introducing innovative safety technologies and developing new ones.
Question 8. As a former economist, do you think there are potential
U.S. trade implications for not adopting the U.S. NCAP by 2019?
Answer. No. American companies are among the world leaders in
introducing innovative safety technologies and developing new ones.
Question 9. What about 2020?
Answer. NHTSA will continue to build upon the progress we make in
2019. Working to make U.S. NCAP a world leader on safety is a focus and
priority of mine.
Question 10. In one word, would you support NCAP implementation by
2020?
Answer. Yes.
Question 11. Technology and the Necessary Guardrails: Obviously
we're in an innovation age where many technological developments are
driving economic expansion and can help society in a variety of ways.
I wanted to ask from your perspective, whether you agree with many
of us on the Commerce Committee that there are needed guardrails within
these technologies that will have to be put in place for various
elements like higher levels of safety, cyber security, privacy,
wouldn't you agree?
I ask because Nevada is at the forefront of these technologies,
that's why I'm working to continue to lead an Innovation State
initiative.
Answer. NHTSA is deeply committed to ensure the safe testing and
deployment of motor vehicles equipped with automated driving systems.
The agency will continue its public proceedings, including meetings,
workshops, forums and comment periods to help set the appropriate
pathway for automated driving systems in the United States.
Question 12. As we're looking at legislation in the Congress, do
you believe these needed guardrails must be considered and addressed?
Answer. Safety is the U.S. Department of Transportation's top
priority. It is important that we continue to listen to all
stakeholders as this technology continues to develop. Based on the
input we receive from our continued public outreach processes, NHTSA
must continue to assure safety while also allowing for the deployment
of innovative safety technologies.
Question 13. What specifically is your, and NHTSA's perspective on
whether the current Senate AV Start bill requires sufficient
transparency, disclosure, and oversight to enable the technology, and
your agency, to carry each's mission of improving traffic safety?
Answer. NHTSA will continue its engagement with Congress to address
technical issues related to any legislation, including AV START. I am
strongly committed to ensuring that the agency and Congress maintain
open communication regarding this and other legislation.
Question 14. Smart Transportation Technology--Moving FIRST Act: An
innovation that is exciting and being developed and broadened in Nevada
is the idea of smart communities, where we can be developing and
employing incredible technologies that help us safe lives, and improve
the efficiency and quality of life of our residents. Smart communities
is something I'm active on in the Senate, leading the bipartisan Moving
FIRST Act, to provide a Federal partnership in efforts broader than
just autonomous vehicles.
Can you speak to what the administration is currently doing, and
you will plan to do if confirmed, in this area of smart transportation
technology?
Answer. Smart communities involve a coordinated effort among all
modes of transportation to focus on the safe and efficient movement of
people and goods. Incorporating interconnected technologies into our
infrastructure and vehicles provides opportunities to reduce
congestion, minimize traffic crashes, provide rapid transition across
transportation modes, and connecting individuals with the movement of
transport and goods. The Department has been proactive in encouraging
smart growth in our communities and I will continue to work with other
DOT modes including the Federal Highway Administration and the Federal
Transit Administration to ensure we are moving in the same direction
and optimizing opportunities.
______
Response to Written Questions Submitted by Hon. Jon Tester to
Heidi King
Question 1. Status of Low-Volume Vehicle Manufacturers Regulatory
Guidelines: The FAST Act of 2015 directed NHTSA and EPA to issue by
December 2016 regulatory guidelines that would allow certain vehicle
manufacturers to produce annually a small number of replica classic
cars.
Why has NHTSA not issued the called-for guidelines?
Answer. I assure you that this enabling regulation is a top
priority of mine. Adhering to the regulatory process, NHTSA is
finalizing its proposal that meets the FAST Act directive on replica
cars.
Question 2. When will NHTSA issue the guidelines?
Answer. NHTSA is finalizing the NPRM to address replica vehicles
and working to publish the Notice in the Federal Register in May 2018.
Question 3. Given that it is 18 months since the mandated deadline
for the guidelines, would NHTSA consider issuing an interim rule
allowing companies to register and begin production immediately while
the agency works on a rule?
Answer. An interim final rule would require a ``good cause''
exception from the notice and comment requirements of the
Administrative Procedure Act. NHTSA is drafting the Notice of Proposed
Rulemaking (NPRM) to address replica vehicles, and working to publish
the Notice in the Federal Register in May 2018. The timing and content
of a final rule will be determined following the public comment process
of the NPRM.