[Senate Hearing 119-421]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 119-421

                    NOMINATION TO THE FEDERAL MOTOR
                CARRIER SAFETY ADMINISTRATION, NATIONAL
                 HIGHWAY TRAFFIC SAFETY ADMINISTRATION,
     AND THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

=======================================================================

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION

                               __________


                             JULY 16, 2025

                               __________


    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation






                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]






                Available online: http://www.govinfo.gov

                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

63-852 PDF                WASHINGTON : 2026











       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION

                       TED CRUZ, Texas, Chairman

JOHN THUNE, South Dakota             MARIA CANTWELL, Washington, 
ROGER WICKER, Mississippi                Ranking
DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin
TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois
ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada
JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico
BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado
TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania
SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey
CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware

                 Brad Grantz, Republican Staff Director
           Nicole Christus, Republican Deputy Staff Director
                   Lila Harper Helms, Staff Director
                 Melissa Porter, Deputy Staff Director









                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on July 16, 2025....................................     1
Statement of Senator Cruz........................................     1
    Statement from Zero Emission Transportation Association......   243
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Timothy A. Blubaugh, Truck and Engine 
      Manufacturers Association..................................   244
    Letter dated April 14, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Scott F. Belcher, Executive Director, ACES 
      Mobility Coalition.........................................   245
    Prepared statement from Anne Reinke, President and CEO, 
      Intermodal Association of North America....................   245
    Letter dated June 2, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Chris Spear, President and CEO, American 
      Trucking Associations......................................   246
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Anne Forristall Luke, President and CEO, U.S. 
      Tire Manufacturers Association.............................   247
    Letter dated July 8, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Jonathan Adkins, Chief Executive Officer, 
      Governors Highway Safety Association.......................   247
    Letter dated June 11, 2025 to Hon. John Thune, Hon. Charles 
      E. Schumer, Hon. Ted Cruz and Hon. Maria Cantwell from Ken 
      A. Walker, IACP President..................................   248
    Letter dated June 17, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Gary J. Shapiro, CEO and Vice Chair, Consumer 
      Technology Association.....................................   248
    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from John O'Leary, President and CEO, Daimler 
      Truck North America........................................   249
    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from John Bozzella President and CEO, Alliance for 
      Automotive Innovation......................................   250
    Letter dated June 11, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Laura Chace, President and CEO, Intelligent 
      Transportation Society of America..........................   250
    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Chris Spear, President and CEO, American 
      Trucking Associations......................................   251
    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Andrew Poliakoff, Executive Director, 
      Commercial Vehicle Training Association....................   252
    Letter dated July 10, 2025 Hon. Ted Cruz and Hon. Maria 
      Cantwell from Chris Burroughs, President and CEO, 
      Transportation Intermediaries Association (TIA)............   252
    Letter to Chairman Ted Cruz and Ranking Member Maria Cantwell 
      from American Gas Association, American Fuel & 
      Petrochemical Manufacturers, American Petroleum Institute, 
      American Public Gas Association, GPA Midstream Association, 
      Interstate Natural Gas Association of America, Liquid 
      Energy Pipeline Association................................   253
    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Fred Ferguson, President and CEO, American 
      Bus Association............................................   254
    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Jennifer Hedrick, President and CEO, Women In 
      Trucking Association.......................................   255
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Kylla Lanier, Deputy Director/Senior Director 
      of External Affairs, Truckers Against Trafficking..........   256
    Letter dated June 13, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Avery Ash, Executive Director, Coalition for 
      Reimagined Mobility (ReMo), Senior Vice President of 
      Government Affairs and Special Initiatives, SAFE and Ashley 
      Simmons, Deputy Director, Coalition for Reimagined Mobility 
      (ReMo).....................................................   257
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Leslie Kimball, Executive Director, 
      Responsibility.org.........................................   258
    Letter dated July 15, 2025 to Senator Ted Cruz from David 
      Chislea, NAPSR National Chair..............................   258
    Letter dated July 14, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Todd Spencer, President and CEO, Owner-
      Operator Independent Drivers Association, Inc..............   259
    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Ryan Streblow, President and CEO, National 
      Tank Truck Carriers (NTTC).................................   260
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Sheriff Chris West, Canadian County, OK, 
      President, National Sheriffs' Association..................   261
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Mike Stanton, President and CEO, National 
      Automobile Dealers Association.............................   261
    Letter dated May 30, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Jim Ward, President, Truckload Carriers 
      Association................................................   262
    Letter dated June 29, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Megan Noland, Executive Director, Major 
      County Sheriffs of America.................................   262
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Stacey D. Stewart, CEO, Mothers Against Drunk 
      Driving (MADD).............................................   263
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Jerry Golden, Chief Policy Officer, Lyft.....   264
    Letter dated July 1, 2025 to Hon. Tammy Baldwin from Mark 
      Rourke, President and CEO, Schneider National, Inc.........   265
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Nile Elam, Vice President of Government 
      Affairs, National Asphalt Pavement Association.............   265
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Mark Doughty, President and CEO, PrePass 
      Safety Alliance............................................   266
    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Sean T. Waters, Vice President, Product 
      Intergrity, Daimler Truck North America....................   267
    Letter dated July 16, 2025 to Chairman Ted Cruz and Ranking 
      Member Maria Cantwell from Sarah K. Magruder Lyle, 
      Executive Director, Damage Prevention Action Center........   267
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Alix Miller, Ph.D., President and CEO, 
      Florida Trucking Association...............................   268
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Lane Kidd, Managing Director, Alliance for 
      Driver Safety & Security...................................   269
    Letter dated January 28, 2025 to Secretary Sean Duffy from 
      Chris Spear, President and CEO, American Trucking 
      Associations; Jim Ward, President and CEO, Truckload 
      Carriers Association; and Ryan Streblow, President and CEO, 
      National Tank Truck Carriers...............................   269
    Letter dated February 21, 2025 to Hon. Donald J. Trump from 
      Mark Doughty, President and CEO, PrePass Safety Alliance...   270
    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Collin B. Mooney, MPA, CAE, Executive 
      Director, Commercial Vehicle Safety Alliance...............   271
    Letter dated July 11, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Brian Mofford, SVP, Drivewyze Infrastructure 
      Solutions, Drivewyze by Fleetworthy........................   271
    Letter dated July 10, 2025 to Hon. Ted Cruza and Hon. Maria 
      Cantwell from Jeff Farrah, Chief Executive Officer, 
      Autonomous Vehicle Industry Association....................   272
    Letter dated July 10, 2025 to Hon. Ted Cruza and Hon. Maria 
      Cantwell from Jeff Farrah, Chief Executive Officer, 
      Autonomous Vehicle Industry Association....................   273
    Prepared statement from AVIA entitled ``AVIA Congratulates 
      Derek Barrs on Nomination to Lead FMCSA''..................   274
    Letter dated July 15, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Tim Wagner, Executive Director, American 
      Pipeline Contractors Association...........................   275
    Letter dated March 4, 2025 to Chairman Ted Cruz and Ranking 
      Member Maria Cantwell from Jeffrey D. Shoaf, Chief 
      Executive Officer, Associated General Contractors of 
      America....................................................   276
    Letter dated May 9, 2025 to Hon. Tim Sheehy from Christopher 
      Dorrington, Director, Montana Department of Transportation.   276
    Letter dated July 9, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Zach Cahalan, Executive Director, Truck 
      Safety Coalition (TSC).....................................   278
    Letter dated July 10, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Jim Ward, President, Truckload Carriers 
      Association................................................   294
    Letter dated July 16, 2025 to Hon. Ted Cruz and Hon. Maria 
      Cantwell from Chris Jahn, President and CEO, American 
      Chemistry Council..........................................   295
Statement of Senator Cantwell....................................     2
Statement of Senator Blackburn...................................   220
Statement of Senator Klobuchar...................................   221
Statement of Senator Moreno......................................   223
Statement of Senator Lujan.......................................   225
Statement of Senator Peters......................................   227
Statement of Senator Markey......................................   229
Statement of Senator Fetterman...................................   231
Statement of Senator Young.......................................   232
Statement of Senator Rosen.......................................   234
Statement of Senator Hickenlooper................................   238

                               Witnesses

Hon. Rick Scott, U.S. Senator from Florida.......................     3
Hon. Sheldon Whitehouse, U.S. Senator from Rhode Island..........     4
Derek Barrs, Nominee to be Administrator, Federal Motor Carrier 
  Safety Administration..........................................     5
    Prepared statement...........................................     7
    Biographical information.....................................     8
Jonathan Morrison, Nominee to be Administrator, National Highway 
  Traffic Safety Administration..................................    22
    Prepared statement...........................................    24
    Biographical information.....................................    25
Paul Roberti, Nominee to be Administrator, Pipeline and Hazardous 
  Materials Safety Administration................................    35
    Prepared statement...........................................    37
    Biographical information.....................................    37

                                Appendix

Response to written questions submitted to Derek Barrs by:
    Hon. Jerry Moran.............................................   297
    Hon. Ted Budd................................................   297
    Hon. Tim Sheehy..............................................   298
    Hon. Maria Cantwell..........................................   298
    Hon. Edward Markey...........................................   301
    Hon. Gary Peters.............................................   301
    Hon. Ben Ray Lujan...........................................   302
    Hon. John Hickenlooper.......................................   302
Response to written questions submitted to Jonathan Morrison by:
    Hon. John Thune..............................................   303
    Hon. Jerry Moran.............................................   303
    Hon. Marsha Blackburn........................................   304
    Hon. Ted Budd................................................   304
    Hon. Eric Schmitt............................................   305
    Hon. Maria Cantwell..........................................   306
    Hon. Edward Markey...........................................   308
    Hon. Gary Peters.............................................   310
    Hon. Ben Ray Lujan...........................................   311
    Hon. John Hickenlooper.......................................   313
    Hon. Lisa Blunt Rochester....................................   314
Response to written questions submitted to Paul Roberti by:
    Hon. Jerry Moran.............................................   315
    Hon. Ted Budd................................................   315
    Hon. Maria Cantwell..........................................   316
    Hon. Edward Markey...........................................   317
    Hon. Gary Peters.............................................   318
    Hon. Ben Ray Lujan...........................................   319
    Hon. Lisa Blunt Rochester....................................   319









 
                    NOMINATION TO THE FEDERAL MOTOR
                CARRIER SAFETY ADMINISTRATION, NATIONAL
                 HIGHWAY TRAFFIC SAFETY ADMINISTRATION,
     AND THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

                              ----------                              


                        WEDNESDAY, JULY 16, 2025

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:06 a.m., in 
room SR-253, Committee Hearing Room, Russell Office Building, 
Hon. Ted Cruz, Chairman of the Committee, presiding.
    Present: Senators Cruz [presiding], Sullivan, Blackburn, 
Young, Moreno, Sheehy, Scott (guest), Cantwell, Klobuchar, 
Markey, Peters, Rosen, Lujan, Hickenlooper, Fetterman, and 
Whitehouse (guest).

              OPENING STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    The Chairman. Good morning. The Senate Committee on 
Commerce, Science, and Transportation will come to order.
    Today, we are considering the President's nominees to lead 
three safety agencies within the Department of Transportation.
    With us today are: Mr. Derek Barrs, nominee for 
Administrator of the Federal Motor Carrier Safety 
Administration; Mr. Jonathan Morrison, nominee for 
Administrator of the National Highway Traffic Safety 
Administration; and Mr. Paul Roberti, nominee for the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration.
    Americans want a transportation system that is fast, 
convenient, and reliable, but above all, safe. President Trump 
and Secretary Duffy have made safety the top priority of the 
Department of Transportation, and the three nominees before us 
intend to make it theirs as well.
    As a young deputy sheriff in Florida, Mr. Barrs responded 
to a nighttime collision between a logging truck and a car full 
of young adults. Ever since, he has spent his career working to 
improve large truck and motor carrier safety. Mr. Barrs served 
for nearly three decades in law enforcement, rising from deputy 
sheriff to Head of Florida's Department of Highway Safety and 
Motor Vehicles. He is deeply familiar with the FMCSA, having 
enforced Federal motor vehicle regulations and managed FMCSA 
grants in the state. As administrator of FMCSA, he hopes to 
modernize the regulations governing the Nation's trucking and 
busing industries.
    Mr. Morrison is equally dedicated to the mission of NHTSA, 
ensuring that cars on our road are safe and reliable. This will 
not be his first time at the agency. Mr. Morrison served as 
NHTSA's Chief Counsel during the first Trump administration, 
and having worked at a leading tech company over the last four 
years, he recognizes that NHTSA safety standards must keep up 
with automotive innovation.
    Our third nominee, Mr. Roberti, is ready to manage PHMSA, 
which oversees transport of hazardous materials. This includes 
the movement of oil, natural gas, and other critical American 
energy products, over three million miles of pipeline in this 
country. That is in addition to hazardous materials that we 
move by truck, rail, water, or air. I am hopeful that Ranking 
Member Cantwell and I can broker an agreement on an overdue 
PHMSA reauthorization that can be implemented by the new PHMSA 
administrator.
    Like Mr. Morrison, Mr. Roberti served during the first 
Trump administration as Chief Counsel at the agency to which he 
has been nominated. In that role, he cleared backlogs of 
hundreds of enforcement matters at PHMSA, and in various roles 
in Rhode Island State Government, Mr. Roberti modernized the 
state's pipelines, increased their safety, and shared what he 
learned with other states. I am excited to hear what he can 
bring to the Federal agency this time around.
    I look forward to hearing from all our nominees.
    And now turn to Ranking Member Cantwell.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    Senator Cantwell. Thank you, Mr. Chairman. As you stated, 
we are here to consider these three nominees: Mr. Barrs to be 
the Federal Motor Carrier Safety Administration, Mr. Roberti to 
lead the Pipeline Hazardous Material Safety Administration, Mr. 
Morrison to lead the National Highway Safety Administration. 
Each of these agencies has an important responsibility to 
protect the health and safety of the traveling public, the 
movement of goods, and our environment.
    Unfortunately, since January, we have seen a significant 
drop in oversight and enforcement actions across these 
agencies, potentially letting bad actors get away with 
violating safety and consumer protection laws. So I hope our 
nominees will share today their thoughts about those numbers 
and what specific plans we need to have in place.
    First, Mr. Barrs, the Federal Motor Carrier Administration 
is responsible for enforcing truck safety laws and vetting more 
carriers operating on our roads and highways. Our trucking 
industry is essential to the movement of goods across the 
country with 70 percent of the total value of commodities 
shipped in the United States traveling by truck, so a big 
responsibility. Over 5,000 people are tragically killed in 
large truck crashes each year.
    The Federal Motor Carrier Safety Administration has closed 
78 percent fewer cases this year compared to last year. So we 
will want to ask about that. Since FMCSA can shut down bad 
trucking companies, this lack of action mean--could mean, could 
mean unsafe trucking companies may be continuing to operate, or 
fraudulent actors, or people scamming consumers or businesses. 
So I hope you agree that a plan to address this decline is a 
serious issue.
    Mr. Roberti, the Hazardous Material Safety Administration 
is the Federal watchdog responsible for ensuring that explosive 
and toxic materials are transported safely across the country, 
whether by pipeline, by truck, or train. Accidents involving 
hazardous materials have severe consequences. Over the last 20 
years, pipeline incidents have resulted in 257 deaths and more 
than 1,000 injuries and over $11 billion in damages.
    Earlier this month, two trains derailed in Northern 
Mississippi during the same weekend, both resulting in 
hazardous material spills. One derailment caused a large fire 
that forced the evacuation of more than 100 residents and the 
other required 50 fire trucks from 12 different departments to 
respond.
    PHMSA has opened the fewest pipeline enforcement cases 
during the first 6 months of this administration than any other 
administration over the past two decades. So we want to 
understand what is going on here. We want to make sure that we 
have strong pipeline safety laws on the books and they are 
being enforced.
    I wrote to the Deputy Administrator in May sounding an 
alarm about this trend and I hope to get further information 
about this.
    Finally, Mr. Morrison, the National Highway Traffic Safety 
Administration, NHTSA, is responsible for enforcing Federal 
motor carrier safety standards to ensure Americans in the cars 
that they buy and drive are safe. Its investigations are 
responsible for initiating nearly 2,000 vehicle recalls 
affecting over 300 million people in the last 20 years.
    So we want you to continue to play an aggressive oversight 
role. This includes recalling things such as the Takata airbag 
malfunctions which killed 28 people when they exploded; 
however, NHTSA has opened 25 percent fewer investigations into 
vehicle safety this year. Do not know why, but let us find out.
    And this is especially concerning since Consumer Report 
found investigations have already hit an all-time low. So we 
need to understand what this trend is about and reverse it to 
make sure we are focusing on safety.
    So Mr. Chairman, look forward to asking these nominees, the 
need to make sure we have hardworking inspectors, 
investigators, and agencies that are doing their job, not 
taking shortcuts on safety.
    And I certainly welcome our former colleague, Senator 
Scott, for being here. We do miss him on the Committee. But 
maybe someday, maybe someday he will be back.
    The Chairman. Well, thank you. And now I would like to 
recognize our colleague and friend from the great State of 
Florida, Senator Rick Scott.

                 STATEMENT OF HON. RICK SCOTT, 
                   U.S. SENATOR FROM FLORIDA

    Senator Scott. Thank you. Chairman Cruz, Ranking Member 
Cantwell, Members of the Committee, I am honored today to 
introduce Chief Derek Barrs, President Trump's nominee for 
Administrator of the Federal Motor Carrier Safety 
Administration. He is a fourth-generation Floridian, an amazing 
father to two kids, Brett and Bentley, and he is also a 
dedicated public servant.
    He joined the Madison County Sheriff's Office in 1991 and 
spent the next 30 years serving his community, 20 of which were 
focused on commercial motor vehicle safety, before retiring as 
Chief of the Florida Highway Patrol. Now, President Trump has 
wisely called on him to serve his fellow citizens once again.
    I have known the Chief for several years, having met him 
when I was Governor of Florida. One particular memory I have is 
of touring Quincy, Florida, a small town just north of 
Tallahassee, together in 2018 when we visited homes and 
Floridians impacted by Hurricane Michael. Chief Barrs showed 
then and now his dedication to improving the lives and safety 
of those around him. He is a proven leader, problem solver who 
works to understand both people and the issues they face.
    In 2019, the Chief partnered with the Florida Trucking 
Association, establishing the Troopers and Truck Drivers 
Initiative. As part of the Initiative, a trooper would spend a 
workday in a truck with an experienced commercial motor vehicle 
driver, while a new truck driver would spend a day on patrol 
with an experienced trooper. This exchange facilitated a deeper 
understanding of both the roles and responsibilities, 
ultimately making the highway safer for truckers, citizens, and 
law enforcement personnel alike.
    He also worked directly with FMCSA throughout his career 
and with other transportation partners such as the Florida 
Trucking Association and the Florida State Legislature to help 
develop statutory language to successfully enact laws aimed at 
aligning Florida with Federal safety standards.
    Chief Barrs has a passion--is passionate about safety on 
our Nation's highway systems, and proud to count him as a 
friend. I look forward to seeing what he will do with Secretary 
Duffy and President Trump to improve American roadways and make 
traveling across them safer for everyone.
    Derek, you have my support. I urge my colleagues to advance 
your nomination quickly. You will not be disappointed in your 
vote.
    And thank you, Chairman and Ranking Member.
    The Chairman. Thank you. I would now like to recognize our 
colleague from the great State of Rhode Island, Senator 
Whitehouse, to introduce Mr. Roberti.

             STATEMENT OF HON. SHELDON WHITEHOUSE, 
                 U.S. SENATOR FROM RHODE ISLAND

    Senator Whitehouse. Thank you, Chairman Cruz and Ranking 
Member Cantwell. I am here today to introduce Paul Roberti of 
North Kingstown, Rhode Island, for his hearing on his fitness 
to serve as the Administrator of the Pipeline and Hazardous 
Material Safety Administration at the Department of 
Transportation.
    I had the good fortune of working with Paul in the Rhode 
Island Attorney General's Office where he was an Assistant 
Attorney General, and Chief of the Regulatory Division, 
supervising matters that I once had in earlier years. He served 
in that role under both Democratic and Republican Attorneys 
General with distinction, dedication and a strong work ethic. 
Paul now manages risk consulting at Ernst & Young LLP, where he 
provides consulting services to public utilities, focusing on 
compliance with legislative and regulatory mandates.
    Before joining Ernst & Young, Paul was Chief Economic and 
Policy Adviser at the Rhode Island Division of Public Utilities 
and Carriers, where he advised on energy policies and grid 
modernization. This would be a second stint at PHMSA for Mr. 
Roberti as he served as Chief Counsel there during the first 
Trump administration. I hope Paul will honor PHMSA's 
fulfillment of its obligations to protect public safety and the 
environment.
    There is work to be done. In January, DOT failed to 
finalize a rule to update safety requirements for repairing 
leaks in natural gas pipelines. A rule developed in consensus 
with industry directed by bipartisan legislation signed by 
President Trump himself in his first term. Leaks can be deadly, 
as the Bellingham Disaster showed, not to mention the economic 
cost of hundreds of thousands of tons more methane spewed from 
pipelines and regulated facilities across the country.
    The Trump administration also withdrew a draft rule on 
CO2 pipeline safety. Another very bipartisan measure 
that came through the Senate which will delay the buildout of 
nationwide carbon capture infrastructure contrary to solid 
bipartisan support in this body. I sincerely hope that Paul, 
should he be confirmed, will ensure that PHMSA honors its 
mandate to protect safety and the environment and finalize much 
needed updates to national gas leak repair and CO2 
pipeline safety standards.
    I wish him all the best. And appreciate the opportunity to 
introduce him today.
    The Chairman. Thank you. We appreciate you coming and 
joining our Committee this morning.
    And I now recognize Mr. Barrs for his opening statement.

                   STATEMENT OF DEREK BARRS,

                  NOMINEE TO BE ADMINISTRATOR,

          FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

    Mr. Barrs. Thank you. Chairman Cruz, Ranking Member 
Cantwell, and Members of the Committee, thank you for the 
opportunity to appear before you today as the President's 
nominee for Administrator of Federal Motor Carrier Safety 
Administration, I am honored by the trust placed in me by 
President Trump and Secretary Duffy to serve in this critical 
safety role.
    I would like to thank my family, friends, and colleagues 
for their unwavering support, and especially grateful for my 
parents for their long-life encouragement. I wish my mother 
could be here today, but I know she is watching proudly in 
heaven.
    The trucking industry touches all of our lives. Commercial 
drivers transport over 70 percent of our Nation's freight and 
share the road with us every day. These professionals are the 
backbone of our economy. They work long hours, often away from 
their families, to ensure that we have the goods we rely on.
    I deeply respect the dedication and understand the delicate 
balance between enhancing safety and enabling efficient freight 
movement. I salute and value the American truck driver and 
thank them for their work.
    I am a multigenerational Floridian raised in rural Madison 
County, which is in North Florida. That upbringing instilled in 
me the values of faith, family, community, responsibility, and 
service.
    My journey in public service began as a teenager with the 
Madison County Sheriff's Office driven by a deep desire to 
serve my community. I am incredibly grateful to the many 
individuals who invested in me over the years whose guidance 
shaped my path, strengthened my commitment to service, that 
commitment has led to a 34-year career spanning both in public 
and private sectors, with nearly 25 years dedicated to 
commercial motor vehicle safety.
    I retired as a Chief of the Florida Highway Patrol in 2020, 
but the experiences and lessons learned from my decade spent in 
law enforcement continue to be a cornerstone in my life.
    Today, I remain committed to serving my community through 
my appointment to the Flagler County School Board, where we 
operate a successful commercial vehicle driver training school, 
contributing to workforce development, and helping prepare the 
next generation of safe and professional drivers.
    I have witnessed the devastating aftermath of crashes, 
stood beside first responders, comforted grieving families, and 
seen how a single moment can ripple through an entire 
community.
    In 2023, approximately 5,000 lives were lost in large truck 
and bus crashes, including 900 commercial drivers. These are 
not just statistics. They are parents, children, colleagues, 
and friends. Every life lost is one too many. No one should 
have to see the horrific aftermath of a crash like what I and 
so many first responders have seen. No family should have to 
endure that kind of loss.
    If confirmed, I will make roadway safe--roadway safety my 
top priority. My work has always emphasized open communication 
and collaboration with the industry, law enforcement, and 
safety organizations. I understand with FMCSA's actions what 
they do impact the entire industry, and I am committed to 
ensuring that agency decisions are informed, balanced, and 
transparent.
    If confirmed, I will continue to strengthen relationships 
between government stakeholders working together on our shared 
goal of improving roadway safety as well as addressing critical 
safety issues.
    During my time with the Highway Patrol, I served the FMCSA 
lead with Motor Carrier Safety Assistance Program where our 
troopers work diligently to make a positive difference on our 
roadways. Through this work, I witnessed the importance of 
strong partnerships to advance safety.
    At the national level, I served as a Chairman of the 
Commercial Vehicle Safety Alliance Enforcement and Industry 
Modernization, and the President of the Transportation Industry 
Membership. There I helped advance initiatives in connected and 
automated vehicle technologies, and data sharing, in cross-
jurisdictional collaboration.
    I am grateful for the dedicated FMCSA employees who work 
tirelessly to improve commercial vehicle safety. If confirmed, 
I would be honored to lead this team in fulfilling the FMCSA 
mission to reduce crashes, injuries, and fatalities involving 
large trucks and buses. I will ensure the agency operates with 
integrity, transparency, accountability, and efficiency.
    So I want to thank you for your time and consideration, and 
if confirmed, I look forward to working with you and your teams 
to advance our shared goals of roadway safety and the efficient 
transportation of goods.
    And from President Roosevelt, ``I am ready to be the man in 
the arena''. And I am prepared to get to work. And I welcome 
your questions. Thank you, sir.
    [The prepared statement and biographical information of Mr. 
Barrs follow:]

  Prepared Statement of Chief Derek Barrs, Nominee for Administrator, 
              Federal Motor Carrier Safety Administration
    Chairman Cruz, Ranking Member Cantwell, and Members of the 
Committee:

    Thank you for the opportunity to appear before you today as the 
President's nominee for Administrator of the Federal Motor Carrier 
Safety Administration (FMCSA). I am honored by the trust placed in me 
by President Trump and Secretary Duffy to serve in this critical safety 
role.
    I would like to thank my family, friends, and colleagues for their 
unwavering support. I am especially grateful to my parents for their 
lifelong encouragement. I wish my mother could be here today, but I 
know she is watching proudly from heaven.
    The trucking industry touches all our lives. Commercial drivers 
transport over 70 percent of our Nation's freight and share the road 
with us every day. These professionals are the backbone of our economy, 
working long hours--often away from their families--to ensure we have 
the goods we rely on. I deeply respect their dedication and understand 
the delicate balance between enhancing safety and enabling efficient 
freight movement. I salute and value the American truck driver and 
thank them for their work.
    I'm a multi-generational Floridian, raised in rural Madison County, 
located in North Florida. That upbringing instilled in me the values of 
faith, family, community, responsibility, and service.
    My journey in public service began as a teenager with the Madison 
County, -Sheriff's Office, driven by a deep desire to serve my 
community. I'm incredibly grateful to the many individuals who have 
invested in me over the years, whose guidance shaped my path and 
strengthened my commitment to service. That commitment has led to a 34-
year career spanning both the public and private sectors, with nearly 
25 years dedicated to commercial motor vehicle safety. I retired as 
Chief of the Florida Highway Patrol in 2020, but the experiences and 
lessons learned from my decades spent in law enforcement continue to be 
a cornerstone of my life.
    Today, I remain committed to serving my community through my 
appointment to the Flagler County School Board where we operate a 
successful commercial vehicle driver training school, contributing to 
workforce development, and helping prepare the next generation of safe 
and professional drivers.
    I have witnessed the devastating aftermath of crashes--stood beside 
first responders, comforted grieving families, and seen how a single 
moment can ripple through entire communities. In 2023, approximately 
5,730 lives were lost in large truck and bus crashes including around 
900 commercial drivers. These are not just statistics--they are 
parents, children, colleagues, and friends. Every life lost is one too 
many.
    No one should have to see the horrific aftermath of a crash like 
what I and so many first responders have seen. No family should have to 
endure that kind of loss. If confirmed, I will make roadway safety my 
highest priority.
    My work has always emphasized open communication and 
collaboration--with industry, law enforcement, and safety 
organizations. I understand that FMCSA's actions impact an entire 
industry, and I am committed to ensuring that agency decisions are 
informed, balanced, and transparent. If confirmed, I will continue to 
strengthen relationships between government and stakeholders, working 
together on our shared goal of improving roadway safety, as well as 
addressing critical safety issues.
    During my time with the Florida Highway Patrol, I served as the 
FMCSA lead for the Motor Carrier Safety Assistance Program (MCSAP), 
where our troopers worked diligently to make a positive difference on 
our roadways. Through this work, I witnessed the importance of strong 
partnerships to advance safety.
    At the national level, I served as the chairman of the Commercial 
Vehicle Safety Alliance's Enforcement and Industry Modernization 
Committee and President of the Transportation Industry membership. 
There, I helped advance initiatives in connected and automated vehicle 
technologies, data sharing, and cross-jurisdictional collaboration.
    I am grateful for the dedicated FMCSA employees who work tirelessly 
to improve commercial vehicle safety. If confirmed, I would be honored 
to lead this team in fulfilling the FMCSA mission to reduce crashes, 
injuries, and fatalities involving large trucks and buses. I will 
ensure the agency operates with integrity, transparency, 
accountability, and efficiency.
    Thank you for your time and consideration. If confirmed, I look 
forward to working with you and your teams to advance our shared goals 
of roadway safety and the efficient transportation of goods. From 
President Roosevelt, ``I am ready to be the Man in the Arena.'' I am 
prepared to get to work and welcome your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Derek D. 
Barrs.
    2. Position to which nominated: Administrator for Federal Motor 
Carrier Safety Administration.
    3. Date of Nomination: March 24, 2025.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: Valdosta, Georgia.
    6. Provide the name, position, and place of employment for your 
spouse (if married) or domestic partner, and the names and ages of your 
children (including stepchildren and children by a previous marriage).

   Not Married.
   Children: Brett Barrs, 27; Bentley Barrs, 23.

    7. List all college and graduate schools attended, whether or not 
you were granted a degree by the institution. Provide the name of the 
institution, the dates attended, the degree received, and the date of 
the degree.

   Bachelor of Science--Public Administration, Flagler College, 
        Saint Augustine, Florida: 2010-2012.

   Associate of Science--Criminal Justice, North Florida 
        College, Madison, Florida: 1991-1997.

    8. List all post-undergraduate employment, including the job title, 
name of employer, and inclusive dates of employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated. All management positions are 
indicated with an *.

   *Flagler County School Board

     School Board Member District 1

     November 30, 2024 to present

   *HNTB Corporation

     Deputy Program Director/Associate Vice President

     Transportation Consultant

     January 13, 2020 to present

   *Florida Department of Highway Safety and Motor Vehicle/
        Division of the Florida Highway Patrol

     Law Enforcement Chief--Chief of the Florida Highway 
            Patrol/Office of Commercial Vehicle Enforcement

     November 3, 2017, to January 12, 2020

   *Florida Department of Highway Safety and Motor Vehicle/
        Division of the Florida Highway Patrol

     Law Enforcement Major--Troop Commander for Troop J/
            Office of Commercial Vehicle Enforcement

     October 30, 2015, to November 2, 2017

   *Florida Department of Highway Safety and Motor Vehicle/
        Division of the Florida Highway Patrol

     Law Enforcement Captain--Jacksonville and Ocala 
            Commercial Vehicle Enforcement District Commander

     July 1, 2011, to October 29, 2015

   *Florida Department of Transportation Office of Motor 
        Carrier Compliance Law Enforcement Operations; Jacksonville, 
        Florida

     Law Enforcement Captain (Field Operations, Regional 
            Commander, Region 2/Region 6 Commander

     August 8, 2008, to June 30, 2011

   *Florida Department of Transportation Motor Carrier 
        Compliance Office, Law Enforcement Operations; DeLand, Florida

     Law Enforcement Lieutenant (Field Operations, Field 
            Commander

     August 15, 2003, to August 7, 2008

   State Law Enforcement Officer

     Florida Department of Transportation Motor Carrier 
            Compliance Office, Law Enforcement Operation; Lake City, 
            Florida and Tallahassee, Florida

     January 5, 2001, to August 14, 2003

   Deputy Sheriff

     Madison County Sheriff's Office, Madison, Florida

     February 20, 1991--January 4, 2001

    9. Attach a copy of your resume. 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 after 18 years of age. 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.
Current:
   Flagler County Sheriffs Employee Assistance Trust--Board of 
        Director

   Flagler County School Board--School Board Member

   Madison County Senior Citizens Board

   American Trucking Association Law Enforcement Advisory Board
Prior:
   CVSA, President of Associate Membership: 2022-2024

   CVSA, Vice President of Associate Membership: 2021-2022

   St. Johns County School District Advisory Board for \1/2\ 
        Cent Sales Tax: 2018-2021

   Committee Chairman for Enforcement and Industry 
        Modernization: 2016-2020

   Co-Chair, Central Florida Domestic Security Task Force 
        Mutual Aid Committee: 2005-2008

   Vice President, Whisper Ridge Homeowners Association, St. 
        Augustine, FL: 2005-2006 Madison Rotary Club, Served as 
        Treasurer: 1994-2001

   American Cancer Society Florida Division, Logistics Co-
        Chair: 1998

   Vice President, Madison County Athletic Booster Club: 1997-
        1999

    12. List all memberships you have had after 18 years of age or 
currently hold with any civic, social, charitable, educational, 
political, professional, fraternal, benevolent or religiously 
affiliated organization, private club, or other membership organization 
(You do not have to list your religious affiliation or membership in a 
religious house of worship or institution). 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 disability.
    The below are all approx. year.
Current Involvements
   Madison Masonic Lodge #11: 1996 to present

   Member, Anastasia Baptist Church, St. Augustine, FL: 2004 to 
        present

   Commercial Vehicle Safety Alliance (CVSA): 2011 to present

   Rotary Club of Flagler Beach: Approx. 2021 to present

   Board of Director--Flagler County Sheriff's Employees Trust: 
        Approx. 2021 to present

   American Trucking Association Law Enforcement Advisory 
        Board: 2021 to present

   Madison County Senior Citizens Board: 2023 to present

   Flagler County Educational Foundation: 2025
Past Involvements
   President of Associate Membership, CVSA: 2022-2024

   Vice President of Associate Membership, CVSA: 2021-2022

   St. Johns County School District Advisory Board for \1/2\ 
        Cent Sales Tax: 2018-2021

   Rotary Club-St. Augustine: 2018-2021

   Committee Chairman for Enforcement and Industry 
        Modernization: 2016-2020

   Southern State Law Enforcement Partners Safe DRIVE 
        initiative: 2014-2020

   Transportation Club of Jacksonville: 2015-2020

   International Association of Chiefs of Police: 2015-2020

   State Law Enforcement Chief Association: 2006-2020

   Northeast Florida Law Enforcement Executive Association: 
        2009-2020

   Volusia-Flagler County Police Chiefs Association: 2015-2017 
        (also 2007-2008)

   Chairman for Operation ROADCHECK: 2013-2017

   Co-Chairman for Operation ROADCHECK: 2013

   St. Augustine Kiwanis Club: 2010-2013

   L.E.A.D. (Let's Eliminate Aggressive Driving) Steering 
        Committee: 2007-2008

   Volusia-Flagler County Police Chiefs Association: 2007-2008

   Co-Chair, Central Florida Domestic Security Task Force 
        Mutual Aid Committee: 2005-2008

   Central Florida Domestic Security Task Force: 2004-2008

   St. Augustine Sunrise Rotary Club: 2003-2008

   Vice President, Whisper Ridge Homeowners Association, St. 
        Augustine, FL: 2005-2006

   Little League Baseball Coach, Madison & St. Johns Counties: 
        2002 and 2004

   Partners for Success, Mentor Program: 1997-2001

   National Association of School Resource Officers: 1996-2001

   Board of Director, Florida Association of School Resource 
        Officers: 1996-2001

   Florida Association of School Resource Officers: 1996-2001

   Offensive Line Coach, Madison County High School: 1996-2001

   Madison Rotary Club, Served as Treasurer: 1994-2001

   American Cancer Society Florida Division, Logistics Co-
        Chair: 1998

   Vice President, Madison County Athletic Booster Club: 1997-
        1999

   Deacon, Fellowship Baptist Church, Madison, FL: 1997

    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.
    Yes.
    There is no outstanding debt.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    I have not held any positions paid or unpaid with a political party 
or election committee.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.

   Derek Barrs For Flagler County, Fl. School Campaign--Non-
        Partisan: Loan to Campaign $20,000.

   Rick Staly for Flagler County, Fl Sheriff--Republican: 
        Approx $3,000.

   Rob Hardwick for St. Johns County, Fl Sheriff--Republican: 
        Approx $3,000.

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Leadership Awards--Commercial Vehicle Safety Alliance--2024 
        & 2020

   Recognized by HNTB for contracts to advance overall 
        enhancement in highway safety in Florida, Louisiana, and 
        Kansas--2022 President's Award from Commercial Vehicle Safety 
        Alliance--2020

   Honored with Proclamation from Volusia County Board of 
        County Commission for ``Chief Derek Barrs Day''--2020

   Honored with Proclamation from Madison County Board of 
        County Commission ``Derek Barrs Day''--2020

   Distinguished Service Citation from Okaloosa County Board of 
        County Commission--2020

   Safety First Award from FMCSA--2019

   Florida Inspectors Challenge Championship Recognition--2017, 
        2018, 2019

   Community Service Award from the St. Augustine Beach Police 
        Department--2017

   Special Recognition from Transportation Club of 
        Jacksonville--2015 & 2016

   Honorary Kentucky Colonel from the State of Kentucky--2015

   Certificate of Appreciation for Hands Across the Border--
        2014

   Live Saving Award--2010

   Nominee for Law Enforcement Officer of the Year--State Law 
        Enforcement Chiefs Association--2006

   Outstanding Alumni of North Florida Community College--2006

   Florida Department of Transportation Law Enforcement Officer 
        of the Year Award--2006

   Nominee for Law Enforcement Officer of the Year--Florida 
        Attorney General--2005

   School Related Personnel of the Year Award as a School 
        Resource Deputy--2000

   Builder for Florida Sheriff's Youth Ranches--1999

   Outstanding Community Service from Madison Rotary Club--1998

   Distinguished Service Award from the Florida Council on 
        Crime and Delinquency in Juvenile Justice--1998

   School Resource Officer Practitioner--1997

   Safe Driving Award Florida Sheriff's Association--1997-2000

   Outstanding Student in Criminal Justice, North Florida 
        Community College--1993

   Numerous Commendations and letters of appreciation from law 
        enforcement career--1991-2021

    17. List all books, articles, columns, letters to the editor, 
Internet blog postings, or other publications you have authored, 
individually or with others. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
publication when available. None.
    18. List all speeches, panel discussions, and presentations (e.g., 
PowerPoint) that you have given on topics relevant to the position for 
which you have been nominated. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
speech or presentation when available.
    In my official capacity as a law enforcement leader, I have 
presented and participated in panel discussions, public forums, and 
educational outreach initiatives focused on commercial vehicle safety, 
transportation policy, regulatory compliance, and community engagement. 
These presentations have been delivered to a wide range of audiences, 
including industry stakeholders, government agencies, and the general 
public.
    My contributions have included keynote addresses, PowerPoint 
presentations, and participating in panel discussions aimed at 
enhancing commercial motor vehicle safety and fostering collaboration 
between enforcement agencies, the trucking industry, and other 
stakeholders.
    Please note that many of these events were conducted in official 
capacities where recordings or presentation materials were not archived 
or made publicly available and are not publicly available via a web 
search. Below is a list events:

   June 2, 2015--Operation Roadcheck Kick-Off Event

   April 29, 2017--CVSA Enforcement and Industry Modernization 
        Committee meeting

   December 6, 2017--Tallahassee Community College Driver 
        Training School: CMV education session

   January 26, 2018--Rotary Club of St. Johns: Commercial 
        vehicle safety presentation

   February 20, 2018--Speaker for Northeast Florida Law 
        Enforcement Executive Association on CMV safety

   April 11, 2018--CVSA Enforcement and Industry Modernization 
        Committee meetings

   April 24, 2018--Speaker at Bradford, FL Law Enforcement 
        Memorial

   April 25, 2018--Welcome presentation for Federal and State 
        agencies at FMCSA MCSAP and ITD Workshop

   May 2, 2018--Guest speaker at Columbia County, FL Law 
        Enforcement Memorial

   May 9, 2018--Six-city Florida tour with FDOT and FLHSMV: CMV 
        education outreach to the trucking industry

   June 9, 2018--Florida Inspectors Challenge and Florida Truck 
        Driving Championship

   June 26, 2018--Outreach to public school teachers through 
        Florida Trucking Association on CMV safety

   July 11, 2018--Madison Rotary Club presentation

   July 25, 2018--Operation SAFE DRIVE educational and 
        enforcement efforts presentation

   July 30, 2018--St. Augustine Rotary Club: Overview of CMV 
        and traffic safety topics

   September 30, 2018--Enforcement and Industry Modernization 
        Committee presentation at CVSA

   October 2, 2018--Roundtable discussion with Amazon, FMCSA, 
        ATA, and FTA

   December 3, 2018--Florida Automated Vehicle Summit: Panel on 
        emerging technologies

   March 16, 2019--Guest Speaker for Concerns of Police 
        Survivors

   July 19, 2019--Update to Florida Trucking Association on FHP 
        and FLHSMV issues

   August 1, 2019--Transportation Club of Jacksonville: 
        Transportation and CMV safety discussion

   September 23, 2019--IFTA/IRP Managers Meeting: Welcome and 
        Florida FLHSMV overview

   September 29, 2019--Presided over CVSA Enforcement and 
        Industry Modernization Committee

   November 6, 2019--Truckers Against Human Trafficking 
        Coalition event

   November 21, 2019--Florida Automated Vehicle Summit: Panel 
        discussion

   October 25, 2020--Sunshine State Towing Association: 
        Presentation on size/weight issues and screening tech

   November 16, 2020--2nd Annual Bearing the Burden Summit: 
        First Responder panel

   June 16, 2021--Madison Rotary Club: Transportation topics

   July 20, 2021--Flagler Beach Rotary Club: CMV safety 
        presentation

   October 19, 2022--ATA/LEAB goals presentation to Florida 
        Trucking Association membership

   March 2, 2023--Specialized Transportation Symposium

   March 28, 2023--Electronic Roadside Inspection Forum

   April 25, 2023--CVSA Associate Members Meeting: Membership 
        updates

   September 23, 2023--CVSA Associate Members Meeting: 
        Membership updates

   November 23, 2023--Southern States SAFE DRIVE Committee: 
        Advanced screening technology presentation

   April 17, 2024--Electronic Roadside Inspection Update to 
        CVSA

   August 22, 2024--Florida Technology Innovation Solution 
        Summit: Florida Chamber panel discussion

   September 10, 2024--Electronic Roadside Inspection Update to 
        CVSA

   November 13, 2024--Presentation to Texas BTAC Committee: 
        HB4422 safety and security findings

    19. List all public statements you have made during the past ten 
years, including statements in news articles and radio and podcasts and 
television appearances, which are on topics relevant to the position 
for which you have been nominated, including dates. Include a link to 
each statement when possible. If a link is not available, provide a 
digital copy of the statement when available.
    Over the past ten years, I have made public statements related to 
commercial motor vehicle safety, enforcement, and transportation 
policy, primarily in my official capacity as a law enforcement officer 
and agency leader. These included media interviews, radio appearances, 
press events, and public outreach, often tied to safety initiatives or 
agency operations.
    While I do not have access to all recordings or transcripts, I have 
provided links to available statements where possible:

   https://truckingfwd.medium.com/there-is-a-need-for-
        understanding-of-each-
        others-roles-and-responsibilities-207198d1bab

   ELD Violations Won't Count Against CSA Scores During 
        Transition Period--Safety--Automotive Fleet

   Florida cracks down on aggressive driving | FleetOwner

   Former St. Augustine Beach Police Deputy Marshal Ron 
        Parker's legacy honored

   Dave Nemo Show on Sirius Radio for Operation Roadcheck--No 
        Link

   Troopers and Truck Drivers: https://www.facebook.com/share/
        1BdMkjV8kZ/
        ?mibextid=wwXIfr

   Hurricane Dorian Radio Appearance St. Johns County https://
        www.facebook
        .com/share/v/19EYXa9mLb/?mibextid=wwXIfr

   Hurricane Dorian-Flagler County response https://
        www.facebook.com/share/
        v/1AK9chMzJH/?mibextid=wwXIfr

   Working Together for A Safer Florida https://
        www.facebook.com/share/p/
        1BaLYjurJo/?mibextid=wwXIfr

   Hurricane Preparation: https://www.facebook.com/share/v/
        15G4sH4Zjf/?mib
        extid=wwXIfr

    20. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the full name of an ``alias'' or ``handle'', 
including the complete URL and username with hyperlinks, you have used 
on each of the named platforms. Indicate whether the account is active, 
deleted, or dormant. Include a link to each account if possible.

   https://facebook.com/barrs.derek (Active);

   https://www.facebook.com/share/1AbbNmSGvF/?mibextid=wwXIfr 
        (Active);

   http://www.derekbarrs4flaglerschools.com/ (deleted);

   https://www.instagram.com/chiefderekbarrs/?hl=en (Active);

   https://www.instagram.com/derekbarrs_fl/ (Active);

   https://twitter.com/BarrsDerek (Dormant);

   https://snapchat.com/t/W5r25i5X (Active); and

   https://www.linkedin.com/in/
        chiefderekbarrs?utm_source=share&utm_
        campaign=share_via&utm_content=profile&utm_medium=ios_
        app (Active).

    21. 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, committee, and subject 
matter of each testimony. None.
    22. Given the current mission, major programs, and major 
operational objectives of the department/agency/commission/corporation 
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?
    Given the current mission of the Federal Motor Carrier Safety 
Administration (FMCSA) to reduce crashes, injuries, and fatalities 
involving large trucks and buses, I believe my 34+ years of combined 
law enforcement and private sector experience, including over two 
decades focused specifically on commercial vehicle safety and 
enforcement, affirmatively qualify me for appointment to this position.
    Throughout my career, I have consistently advanced safety 
initiatives through strategic leadership, technical expertise, and 
collaborative partnerships. I have overseen large numbers of personnel 
and managed multi-million-dollar operational budgets, including formula 
Motor Carrier Safety Program (MCSAP) and High Priority grants.
    I have also played a key role in shaping legislation to enhance 
commercial vehicle safety. Working closely with FMCSA, the Florida 
Legislature, the Florida Trucking Association, and other stakeholders, 
I developed statutory language that led to the successful enactment of 
laws aimed at aligning Florida with Federal safety standards. I was 
responsible not only for their implementation, but also for educating 
internal and external stakeholders and ensuring effective enforcement.
    My operational and organizational leadership includes managing 
complex transformations and driving cultural integration, such as 
during the legislative merger of the Florida Department of 
Transportation's Office of Motor Carrier Compliance with the Florida 
Highway Patrol. I built and maintained high morale and retention by 
uniting diverse teams under a shared mission, earning statewide 
recognition for my leadership.
    At the national level, I chaired the Industry Modernization 
Committee, where I helped pioneer the North American Standard Level 
VIII Electronic Inspection. I've contributed to policy and programmatic 
advancements in areas such as connected and automated vehicle 
technologies, data sharing, and cross-jurisdictional collaboration.
    In the private sector, I've continued to champion commercial 
vehicle safety by aligning public and private stakeholders, and guiding 
state departments of transportation on strategic safety and operations 
planning and projects.
    I am deeply motivated by the opportunity to serve in this position 
because I am committed to protecting lives on our roadways. My career 
has been defined by an unwavering dedication to highway safety, data-
informed decision-making, and strong partnership development across 
sectors. I believe in FMCSA's mission, and if confirmed, I will bring 
the vision, experience, and collaborative leadership needed to help the 
agency continue driving innovation and saving lives.
    23. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency/commission/corporation has proper 
management and accounting controls, and what experience do you have in 
managing a large organization?
    If confirmed, I believe it is my responsibility to ensure that 
FMCSA operates with the highest levels of integrity, transparency, 
accountability, and efficiency. This includes upholding proper 
management and accounting controls, ensuring effective stewardship of 
Federal resources, and maintaining strong internal oversight mechanisms 
to support the agency's mission of reducing crashes, injuries, and 
fatalities involving large trucks and buses.
    My qualifications for carrying out these responsibilities are 
extremely engrained in my 34+ years of public service and private 
sector experience--more than 20 which have been specifically focused on 
commercial motor vehicle enforcement and transportation safety and 
efficiency. I have consistently led large, complex organizations with 
significant operational, financial, and regulatory responsibilities.
    As Chief of the Florida Highway Patrol's Office of Commercial 
Vehicle Enforcement, I was responsible for managing large numbers of 
personnel and the oversight of multi-million-dollar annual operating 
budget, which included MCSAP and High Priority grant funding from 
FMCSA. I ensured those funds were used responsibly, aligned with 
Federal requirements, and directly supported our safety goals.
    I was directly responsible for implementing internal controls to 
manage field operations, training programs, size and weight 
enforcement, compliance reviews, safety audits, and post-crash 
investigations. I routinely evaluated program effectiveness using 
performance metrics and crash data and reallocated resources to 
maximize impact. I also played a key role in preparing and presenting 
budget requests, analyzing legislation, and ensuring that programs 
remained compliant with state and Federal regulations.
    In addition to managing field operations and financial oversight, I 
led efforts to modernize enforcement practices and prepare the agency 
for emerging technologies such as autonomous vehicles and truck 
platooning. These initiatives required thoughtful planning, 
coordination with state and Federal partners, and a clear understanding 
of the intersection between innovation, public safety, and regulatory 
frameworks.
    My experience extends to managing regional and statewide operations 
at multiple levels. In these roles, I supervised large numbers of sworn 
and non-sworn personnel per region, enforced Federal and state safety 
regulations, oversaw weigh station operations using advanced 
technology, and maintained strict accountability for the storage and 
documentation of evidence and property.
    In the private sector, I have continued to advise on commercial 
vehicle safety initiatives and help agencies across Florida and other 
states develop data-driven, collaborative strategies to improve highway 
safety and operational efficiency. Additionally, I manage large multi-
million-dollar contracts to help deliver the needs of our clients, 
making sure operations are on time and within budget.
    Additionally, my recent service as a member of the Flagler County 
School Board in Florida further reflects my ability to operate in a 
governance role. In that role, I work closely with district staff, 
administrators, parents, teachers, and the broader community as well as 
the Florida Legislature to support and guide the mission of Flagler 
County Schools with transparency, collaboration, and public 
accountability. The position demands thoughtful leadership, decorum, 
and consensus-building to address complex challenges while keeping the 
needs of students and families at the forefront. This experience 
reinforced my commitment to public service, fiscal responsibility, and 
principled leadership; the values that would continue to guide my work 
at FMCSA.
    If confirmed, I will bring a proven record of managing large-scale 
operations, overseeing multi-million-dollar budgets, working across 
jurisdictions and sectors, and building trust through action and 
accountability. I will bring the same level of drive each day to 
deliver positive results, uphold fiscal discipline, and lead with 
operational integrity and a safety-first mindset. I understand the 
gravity of managing public resources and remain deeply committed to 
maintaining the public's trust, fostering transparency, and ensuring 
that every program, policy, and partnership under FMCSA's purview 
advances the core mission of saving lives on our Nation's highways.
    24. What do you believe to be the top three challenges facing the 
department/agency/commission/corporation, and why?
    Continued Crashes and Fatalities on Our Highways: Despite efforts 
to improve roadway safety, crashes involving commercial motor vehicles 
remain a serious and ongoing challenge. These incidents often result in 
significant loss of life and economic impact. FMCSA must continue to 
focus on data-driven enforcement, driver education, and improved 
vehicle technologies to drive down these numbers. Enhancing 
collaboration with state and local agencies to use real-time data to 
predict and prevent high-risk behaviors will be crucial to remove the 
bad actors from our roadways. We must take a hard look at the impacts 
that passenger vehicles continue to play in commercial motor vehicle 
related crashes. We must look for new ways to significantly reduce 
crashes on our roadways, thinking outside the box and collaborating 
with all stakeholders.
    Advancement of Technology: The rapid evolution of technology 
including artificial intelligence, automation, and advanced driving 
assistance systems presents both immense potential and new challenges 
for the FMCSA. Areas such as cybersecurity, AI integration, and data 
privacy must be at the forefront to ensure these tools are deployed 
safely and responsibly. A critical part of this effort includes 
modernizing FMCSA's internal systems to ensure they can effectively 
support new technologies and withstand cyber threats.
    Fraud and Identity Theft: Fraudulent activities, including identity 
theft, CDL testing fraud, and manipulation of safety records, pose a 
serious threat to the integrity of commercial vehicle operations. These 
actions undermine the FMCSA's safety mission and can allow unqualified 
or unsafe operators onto the road.
                   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, such as a 401(k) or pension plan.
    My arrangements are fully described in Part 3 of my Public 
Financial Disclosure Report.
    A list of these arrangements and agreements is detailed below.

   HNTB Corporation, ESOP account: Current Retirement Account 
        with current employer.

   HNTB Corporation, 401(k): Current Retirement Account with 
        current employer.

   State of Florida Pension: Receive a monthly pension from the 
        State of Florida for my law enforcement career.

   State of Florida, deferred compensation: Deferred 
        compensation while I was employed with the State of Florida.

   Madison County, deferred compensation: Deferred compensation 
        while I was employees with the Madison County Sheriff's Office, 
        Florida.

    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. None.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department'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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department'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. Identify any other potential conflicts of interest and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered with the Department's Designated Agency Ethics Official 
and that has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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. None.
                            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, an Inspector General, professional association, disciplinary 
committee, or other professional group? No.
    If yes:

  a.  Provide the name of the court, 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.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, municipal, or foreign government 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 
assault, 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. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency/commission/
corporation complies with deadlines for information set by 
congressional committees, and that your department/agency/commission/
corporation endeavors to timely comply with requests for information 
from individual Members of Congress, including requests from members in 
the minority?
    YES. I will ensure that my office responds to such requests for 
information as appropriate.
    2. Will you ensure that your department/agency/commission/
corporation does whatever it can to protect congressional witnesses and 
whistleblowers 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. I will ensure the agency provides witnesses as appropriate.
    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. I will ensure to appear as appropriate.
                                 ______
                                 
                             DEREK D. BARRS
OBJECTIVE: To leverage my 34+ years of diverse experience in public 
safety, transportation, law enforcement, and educational leadership to 
contribute to commercial vehicle safety.

EXECUTIVE & TECHNICAL QUALIFICATIONS: Strategic, executive-level leader 
with over 34 years of law enforcement and private sector experience, of 
which over 24 years were specifically in commercial vehicle 
enforcement. I used my diverse and distinguished background in local/
state law enforcement and experience first performing, and later 
leading and overseeing, training, safety investigations, commercial 
vehicle inspections, size & weight compliance, and new entrant safety 
audit programs to enhance safety and save lives. My ability to form 
lasting personal and professional relationships and partnerships from 
nonprofit and private sector to public sector has enabled cooperative 
problem solving. I am a motivated, disciplined, relationship builder 
with strong character and a passion for serving others.

   As Chief of the Florida Highway Patrol, I led the Office of 
        Commercial Vehicle Enforcement--a diverse team of over 300 
        sworn and non-sworn professionals--in carrying out the agency's 
        mission through responsible management of a $34 million 
        operational budget, of which $12 million was Motor Carrier 
        Safety Assistance Program (MCSAP) and High Priority grant 
        monies, resulting in a reduction of large truck and bus 
        fatalities in the state by over 22 percent from 2019 to 2020--
        over double the national average (based on FMCSA Analysis & 
        Information Online).

   Also, while Chief, I developed the statutory language that 
        led to the successful passage and enactment of a variety of 
        Florida commercial vehicle legislation, by working 
        cooperatively with The Us Department of Transportation, Florida 
        Trucking Association, Florida Department of Highway Safety and 
        Motor Vehicles, Florida Department of Transportation, and 
        Florida state legislature to ensure compliance with Federal 
        regulations. Following enactment, I led the education of 
        internal and external stakeholders, and was responsible for 
        ensuring proper enforcement of these new laws implemented to 
        save lives on our highways.

   Throughout my career, I have led teams through many types of 
        transformations. First, as a new Lieutenant, I revitalized a 
        field office from having the lowest employee satisfaction to 
        that with the highest in employee satisfaction within one year 
        and maintained these employee survey results through my entire 
        five-year tenure in this role, for which I received the 
        agency's Law Enforcement Officer of the year award in 2006. 
        Second, in 2011, as a Captain with the Florida Department of 
        Transportation Office of Motor Carrier Compliance, I 
        demonstrated resilience and flexibility when the entire office 
        was absorbed into the Florida Highway Patrol through 
        legislative action. Not only was this an operational shift, but 
        it was also a culture change and merger of diverse visions. 
        Through my proactive communication efforts and the trust of 
        those under my command, I affirmed a unified mission while 
        emphasizing each individual's value, resulting in my region 
        being highlighted to others as an example to model due to our 
        high staff retention and morale.

   I served as Chair of the Commercial Vehicle Safety 
        Alliance's (CVSA's) Enforcement and Industry Modernization 
        Committee from 2016-2020 to identify technological advancements 
        that can improve commercial motor vehicle safety, including the 
        development of the North American Standard Level VIII 
        Electronic Inspection during my tenure. I continued to 
        collaborate with public and private organizations on state 
        initiatives such as platooning, citation systems, automated and 
        connected vehicles, and data sharing throughout the 
        southeastern United States. Because of my work above, I was 
        awarded a Safety-First award from the Federal Motor Carrier 
        Safety Administrator in 2019.

   I have experience solving complex problems and working with 
        stakeholders from private industry, enforcement, and 
        legislative positions up to the executive branch. For example, 
        I have used my professional expertise to have commercial 
        vehicle safety legislation passed which would improve overall 
        safety. Similarly, I consistently communicated in many 
        different forms with Florida state legislators, as well as 
        local and state agencies, to keep the Florida Department of 
        Highway Safety and Motor Vehicles and the Florida Highway 
        Patrol's vision and the safety of the motoring public at the 
        forefront of their minds. Consequently, Florida is continually 
        recognized as a leader in highway safety.

   When autonomous vehicle developers began testing on public 
        roads in Florida, I identified social impacts and public risks. 
        I then responded strategically and formed relationships with 
        them to assist them in their development and execution of 
        testing plans and influenced state legislators in the revision 
        of regulations governing this new technology (FSS 316.85).

   I gained tremendous experience leading a diverse group of 
        professionals from across the country when I chaired Operation 
        Safe DRIVE, a safety initiative designed to eliminate traffic 
        fatalities that began with only four southern states and gained 
        national attention and support. While leading this program, I 
        coordinated and communicated operational plans and gained input 
        from all supporting and opposing views from stakeholders 
        involved, including national, state, and local authorities, and 
        private commercial vehicle industry, and used data collection 
        and analysis to support my decisions. I was instrumental in 
        developing the current MOU for data sharing between two states 
        (Florida and Georgia), and with FMCSA's support, we have seen a 
        remarkable reduction in CMV crashes over the years.
EMPLOYMENT HISTORY
Constitutional Officer, Flagler County Fl. School Board Member District 
1 | October 30, 2024, to Present

   ADVOCATE FOR EDUCATIONAL POLICY AND FUNDING: Advocate for 
        policies that enhance educational opportunities and secure 
        funding for Flagler County's public schools, ensuring alignment 
        with both state and local educational goals.

   SUPPORT STUDENT SAFETY INITIATIVES: Collaborate with local 
        law enforcement and community organizations to improve school 
        safety, including implementing proactive safety measures and 
        crisis management plans.

   ENGAGE IN LONG-TERM EDUCATIONAL PLANNING: Participate in 
        strategic planning sessions to evaluate current educational 
        needs and develop forward-thinking solutions to improve 
        curriculum delivery, teacher development, and student outcomes.

   BUILD COMMUNITY PARTNERSHIPS: Foster relationships with 
        local stakeholders, including parents, teachers, and government 
        entities, to address concerns and ensure that the needs of 
        students and families are met.

   MONITOR BUDGET ALLOCATIONS: Ensure the efficient use of the 
        school district's budget by reviewing and approving 
        expenditures to support student success and operational 
        efficiency.

HNTB Corporation, Associate Vice President | January 13, 2020, to 
Present

   USED RELATIONSHIPS TO INFLUENCE SAFETY DEVELOPMENT: Utilized 
        my professional network to align multiple industry and agency 
        stakeholders to advance automated commercial vehicle safety as 
        this new technology emerges. Formed a partnership group to help 
        FDOT provide a collaborative venue to bring awareness within 
        the group, identify opportunities to enhance commercial motor 
        vehicle safety cooperatively, and promote a unified message 
        related to commercial vehicles.

   COORDINATED INTERSTATE SAFETY PROJECTS: Coordinated MOU 
        between Florida and Georgia for data collection and sharing 
        project opportunities and developed strategic plan for 
        improving safety and promoting economic growth for many other 
        states. Lead Florida Department of Transportation/Motor Carrier 
        Size and Weight (FDOT/MCSAW) and the Commercial Vehicles 
        Operations general services contracts.

   COORDINATION OF TRUCK PARKING ENHANCEMENT STUDIES: 
        Coordinate with various stakeholders to evaluate the truck 
        parking needs to increase safety of the highway system. Hours 
        of Service (HOS) compliance for commercial vehicle operators is 
        state law and federally regulated to reduce safety issues 
        resulting from fatigued driving. To meet specified HOS 
        regulations, commercial vehicle operators need safe parking 
        locations. Identified immediate implementable solutions to 
        increase the number of publicly available truck parking spaces 
        and to fully utilize current available spaces. This may be 
        accomplished through the incorporation of private parking 
        facilities into TPAS and the exploration and development of 
        alternative parking solutions.

   MANAGE CONSULTANT CONTRACTS: Manage and maintain multiple 
        consultant contracts with highway safety agencies.

   BUILD AND MAINTAIN RELATIONSHIPS: Develop and maintain 
        relationships across the United States to strategically plan 
        from for the safe and efficient movements good through all 
        modes of travel.

Florida Highway Patrol, Law Enforcement Chief | November 3, 2017-
January 12, 2020

   LED OFFICE OF COMMERCIAL VEHICLE ENFORCEMENT (CVE): 
        Responsible for law enforcement patrol and commercial vehicle 
        operations, oversight, direction, and control of 2 law 
        enforcement troops and a Special Operations Command with over 
        300 personnel. Managed and directed the overall operations of 
        the Office of Commercial Vehicle Enforcement, to include 
        overall commercial vehicle training and post-crash 
        investigations, compliance investigations, and New Entrant 
        Safety Audits. Coordinated implementation of CVE programs. 
        Served in the capacity as staff commander for staff operations 
        such as natural disasters, security functions, and criminal 
        task force operations.

   APPLIED DOMAIN AND TECHNICAL EXPERTISE TO ADVANCE SAFETY 
        THROUGH STRATEGIC PRACTICES: Assisted and Analyzed proposed 
        legislation. Ensured compliance to Departmental policies, 
        procedures, and accreditation practices. Utilized crash, 
        inspection, and vehicle screening data to deploy resources to 
        reduce CMV related crashes. Liaison for emerging advanced 
        driving technologies (i.e., Platooning, and Autonomous 
        Vehicles).

   MANAGED ADMINISTRATIVE & FINANCIAL OPERATIONS: Managed and 
        directed the overall operations of the Office of Commercial 
        Vehicle Enforcement, Motor Carrier Safety Assistance Program 
        grant from the Federal Motor Carrier Safety Administration. 
        Assisted in the preparation of the budget and the presentation 
        of the budget request. Assisted in the preparation of documents 
        necessary to changing Department programs. Controlled and 
        approved all division field command operation expenses.

   BUILT RELATIONSHIPS TO SUPPORT MISSION OF THE AGENCY: 
        Rendered advice and assistance on operational issues within the 
        Florida Highway Patrol. Maintained liaison and cooperative 
        working relationship with other law enforcement, criminal 
        justice, emergency management, government officials and 
        personnel. Liaison with the Florida Highway Patrol Advisory 
        Council. Conducted public educational outreach and education.

Florida Highway Patrol, Law Enforcement Major | October 30, 2015-
November 2, 2017

   LED TROOP & TRAINING OPERATIONS: Controlled and directed 
        enforcement activities of the Office of Commercial Vehicle 
        Enforcement (CVE) for Northeast and South Florida areas. 
        Utilized and analyzed commercial vehicle data to deploy 
        resources to reduce crashes. Commanded commercial vehicle 
        training section.

   DEVELOPED STRONG TEAM TO CARRY OUT MISSION OF THE TROOP: 
        Overall management and control of the law enforcement function 
        and activities within the Troop for commercial vehicle 
        operations, to include the training section. Manpower allotment 
        of approximately 120 sworn and non-sworn personnel. Developed 
        and communicated work performance standards. Monitored and 
        maintained working files of subordinates' performance.

   LEVERAGED PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES 
        AND STAKEHOLDERS: Conducted public outreach and education with 
        law enforcement partners, trucking industry, and other 
        government disciplines. Support law enforcement agencies, 
        including those outside of Florida, in joint efforts to combat 
        many like concerns.

Florida Department of Transportation and Florida Highway Patrol, Law 
Enforcement Captain | August 8, 2008-October 29, 2015

   LED OFFICE DISTRICT OPERATIONS: Controlled and directed 
        enforcement activities of the Commercial Vehicle Enforcement 
        District personnel in the, enforcing weight, safety, size, 
        traffic, fuel tax, registration laws, transportation of 
        hazardous materials, non-public sector bus laws, and other 
        traffic related activities. Supervised and participated in 
        investigations of stolen vehicles and illegal drugs, while 
        performing related enforcement activities.

   MENTORED TEAM: Observed personnel in the field, accompanied 
        them on patrol and at fixed scale facilities, and devices and 
        assisted with enforcement problems. Conducted and reviewed 
        performance evaluations, and counseled assigned personnel when 
        necessary.

   BUILT STRONG PARTNERSHIPS: Through deliberate efforts and 
        outreach, developed a professional network of industry, 
        regional and state partners to form an alliance promoting 
        highway safety.

Florida Department of Transportation--Law Enforcement Operations, Law 
Enforcement Lieutenant | August 15, 2003-August 7, 2008

Florida Department of Transportation--Law Enforcement Operations, Law 
Enforcement Officer | January 5, 2001-August 14, 2003

Madison County Florida Sheriff's Office, Deputy Sheriff | February, 
1991-January 4, 2001

Communications Officer, Correctional Deputy, Patrol Deputy, and School 
Resource Deputy.

EDUCATION
Bachelor of Science--Public Administration, Flagler College, Saint 
Augustine, Florida: 2012

Associate of Science--Criminal Justice, North Florida College, Madison, 
Florida: 1997

PROFESSIONAL ASSOCIATIONS
   Commercial Vehicle Safety Alliance (CVSA)--2011 to present

   Florida Trucking Association

   S.L.E.C.A--State Law Enforcement Chief Association 2006-2020

   International Association of Chiefs of Police

   Florida Police Chiefs Association

   Volusia--Flagler County Police Chiefs Association 2007-2008 
        and 2015-2017

   Florida Sheriff's Association

   Northeast Florida Law Enforcement Executive Association 
        2009-2020

   Committee Chairman for Enforcement and Industry 
        Modernization with CVSA 2016-2020

   American Trucking Association Law Enforcement Advisory Board 
        2021 to Present (Industry Outreach Advisor)

   Chairman for Operation ROADCHECK with CVSA 2013-2017

   Co-Chairman for Operation ROADCHECK within CVSA 2013

   Southern State Law Enforcement Partners Safe DRIVE 
        initiative 2014 to Present (Pat Chair)

   President of Associate Membership CVSA 2021-2024

   Transportation Club of Jacksonville 2015 to present

   Concerns of Police Survivors 2015 to present

   Central Florida Domestic Security Task Force 2004-2008

   Co-Chair Central Florida Domestic Security Task Force Mutual 
        Aid Committee 2005-2008

   L.E.A.D. Let's Eliminate Aggressive Driving Steering 
        Committee 2007-2008

   Florida Trucking Association

   Ad Hoc Chair CVSA Electronic Inspections Initiative

ACCOMPLISHMENTS
   Florida Inspectors Championship Recognition

   Safe Driving Award

   Outstanding Alumni of NFCC

   BUILDER for Florida Sheriff's Youth Ranches

   School Resource Officer Practitioner

   Outstanding Student in Criminal Justice

   Numerous commendations & letters of appreciation

HONORS AND AWARDS
   Safety First Award from FMCSA

   Florida Department of Transportation Law Enforcement Officer 
        of the Year Award

   Distinguished Service Citation from Okaloosa County Board of 
        County Commission

   Distinguished Service Award from the Florida Council on 
        Crime and Delinquency in Juvenile Justice

   Nominee for Law Enforcement Officer of the Year, Florida 
        Attorney General

   Nominee for Law Enforcement Officer of the Year State Law 
        Enforcement Chiefs Association

   Outstanding Community Service from Madison Rotary Club

   School Related Personnel of the Year Award as a School 
        Resource Deputy

   Community Service Award from the St. Augustine Beach Police 
        Department

   Live Saving Award

   Honored with Proclamation from Volusia County Board of 
        County Commission for ``Chief Derek Barrs Day''

   Honored with Proclamation from Madison County Board of 
        County Commission ``Derek Barrs Day''

   Freedom Square Award-Madison County Chamber of Commerce

ADDITIONAL TRAINING
   FBI Executive Leadership Training

   North American Standard Inspection Vehicle Examination

   Cargo Tank/Bulk Packaging Inspection

   Commercial Vehicle Crash Inspection

   Covered Farm Vehicles for Law Enforcement

   FEMA ICS 300

   FEMA IS 100

   FEMA--National Incident Management Systems

   National response Plan IS 800

   Basic Incident Command System IS-195

   ICS for Single Resources IS 200

   Advanced Incident Command System Command and General Staff: 
        Complex Incidents G 400

   Law Enforcement Response to WMD incidents

   Hazardous Materials Emergency Response Training

   North American Standard Inspection Driver Examination

   Motor coach Inspection Examination

   Commercial Vehicle Criminal and Terrorism Interdiction 
        Course

   Identifying and Investigating Human Trafficking Training

   Leadership Training

   Learning to be a Legacy Leader

   FDOT Management Academy

   Developing Law Enforcement Managers

   Human Relations

   Media Relations

   Narcotics Identification and Investigation

   Florida Medical Marijuana Training

   Testifying Made Easy Training

   Advanced Interviews and Interrogations

   Size and Weight Enforcement Training

   General Hazardous Material Inspection

   Commercial Vehicle Counterterrorism

   Working with Elected Officials Training

   Police Internal Affairs

   Amtrak Passenger Train Emergency Response

   Stress Management and Mental Health Training

   Instructor Techniques

   Electronic Monitoring and Mapping Technology

   Cyber Security

   DUI Enforcement

   School Resource Officer Supervisor

   Program Management

VOLUNTEER WORK & COMMUNITY INVOLVEMENT
   Madison Masonic Lodge # 11

   Rotary Club (Madison, St. Johns, and Flagler Counties)

   St. Augustine Kiwanis Club

   Member Anastasia Baptist Church

   Partners for Success Mentor Program

   American Cancer Society Florida Division Logistics Co-Chair

   Flagler County Sheriff's Office Employee Trust Fund Board of 
        Directors

   Take Stock in Children

   St. Johns County School District Advisory Board for \1/2\ 
        Cent Sales Tax

   St. Johns County Education Foundation Mentor Program

   Madison County Senior Citizen Board of Directors

    The Chairman. Thank you. Mr. Morrison, you are recognized 
for your opening statement.
    Please push the button on your microphone.

                STATEMENT OF JONATHAN MORRISON,

                  NOMINEE TO BE ADMINISTRATOR,

         NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    Mr. Morrison. I will start over again. Good morning, 
Chairman Cruz, Ranking Member Cantwell, and distinguished 
Members of the Committee, it is a distinct honor to appear 
before you today as a nominee for Administrator of the National 
Highway Traffic Safety Administration, or NHTSA.
    I am deeply grateful for the trust President Trump and 
Secretary Duffy placed in me with this nomination. I want to 
recognize my parents, Norene and Charlie, who are watching this 
morning from the town of Cool, California. I would also like to 
thank my family, friends, colleagues, and mentors for their 
support and guidance over the years. Most importantly, however, 
I want to recognize my wife, Fernanda Morrison, who is here 
with me today. She has been my constant foundation, 
inspiration, and motivator, and I would like to thank her for 
her support and sacrifice.
    I have spent my entire career in the automotive and 
technology fields. After being the first in my family to 
graduate from college and then law school. I started my career 
at the California New Car Dealers Association where I worked on 
legal and policy issues affecting the automotive industry. I 
later led an automotive compliance consulting company that 
worked directly with industry clients to implement regulatory 
requirements.
    I was then appointed as chief counsel to the agency I am 
now nominated to lead, where I worked shoulder-to-shoulder with 
NHTSA's fantastic team of highway safety attorneys, engineers, 
economists, and other researchers and professionals. After 
President Trump's first term, I was hired by Apple, where I 
worked closely with leadership and a host of amazing engineers 
and designers on a range of issues, including working through 
regulatory implications of cutting-edge technologies, I humbly 
believe that the culmination of my experiences qualifies me to 
be NHTSA's next administrator.
    Why am I passionate about this role? I believe that the 
motor vehicle has been instrumental to the success of the 
American public over the last century. Ready access to a car or 
truck greatly expands our personal, professional, and 
recreational horizons well beyond any other transportation 
technology, and has so much to do with the ability to achieve 
the American dream through upward economic mobility.
    But our Nation's relationship with the automobile is facing 
several critical challenges, as is the automotive industry 
itself. I would briefly like to mention three. First, this 
personal mobility comes at a great cost. Each year we see 
approximately six million crashes, millions of injuries, and 
tens of thousands of fatalities. And with the pandemic, our 
Nation saw an increase from 2019's 36,000 crash fatalities, 
already unacceptably high, to over 43,000 fatalities in 2021. 
While fatalities have trickled down since, we are still several 
thousand fatalities higher than just before the pandemic. Each 
number represents a parent, a child, a sibling, a spouse, or 
friend, and everybody in this room has likely been affected by 
a crash where somebody has been severely injured or killed.
    Despite this, every year, 50 percent of those killed in 
crashes chose not to wear a seatbelt. One-third involved a 
driver who chose to use drugs or have that extra drink or two 
and drive impaired. Thirty percent involved a driver who chose 
to speed, reducing reaction times and massively increasing 
crash forces. And far too many involved drivers who chose to 
drive distracted.
    Since the vast majority of these crashes have been caused 
by human choice or error, we need to double down on successful 
countermeasures to driver behavioral risks. And that starts 
with reinvigorating the Agency's partnership with states and 
law enforcement to emphasize the critical importance of traffic 
enforcement action and removing unsafe drivers from the road.
    And second, today's vehicles are safer than ever, but not 
enough people are buying them. This is resulting in the oldest 
fleet in U.S. history, averaging nearly 13 years. Not 
coincidentally, today's vehicles are far more expensive than 
ever. Ensuring a supply of affordable vehicles that meet 
consumer needs and wants is critical to addressing our safety 
crisis. NHTSA can support this by ensuring our regulations meet 
the need for motor vehicle safety without imposing undue costs 
or design restrictions that hamper innovation. This means 
identifying unintended barriers to innovation and pursuing 
robust yet design-neutral performance standards.
    And third, providing room for continued safety innovation 
is a hallmark of the Vehicle Safety Act, and is critical to 
enabling safety improvements in the fleet of tomorrow. 
Technologies such as software-defined vehicles, zonal 
architectures, alternative powertrains, and especially 
automated vehicles, or AVs, pose potential benefits in terms of 
safety and efficiency, but are complex and introduce risks 
unique to each application. NHTSA cannot sit back and wait for 
problems to arrive with such developing technologies, but must 
demonstrate strong leadership.
    For AVs in particular, this means deep and sustained 
engagement with industry, state and local governments and 
technical safety experts. It also means creation of a safety 
framework consisting of guidance, and yes, regulation. 
Realization of the mobility and safety benefits from AVs 
depends entirely upon consumer trust and that trust must be 
rooted in safety.
    The technical and policy challenges surrounding these new 
technologies must be addressed. Failure to do so will result in 
products that the public will not accept and the agency will 
not tolerate.
    I look forward to today's hearing and hope to earn your 
support.
    [The prepared statement and biographical information of Mr. 
Morrison follow:]

 Prepared Statement of Jonathan Morrison, Nominee to be Administrator, 
             National Highway Traffic Safety Administration
    Good morning, Chairman Cruz, Ranking Member Cantwell, and 
distinguished Members of the Committee:

    It is a distinct honor to appear before you today as the nominee 
for Administrator of the National Highway Traffic Safety Administration 
(NHTSA). I am deeply grateful for the trust President Trump and 
Secretary Duffy placed in me with this nomination.
    I want to recognize my parents Norene and Charlie, who are watching 
this morning from the town of Cool, CA. I would also like to thank my 
family, friends, colleagues, and mentors for their support and guidance 
over the years. Most importantly, however, I want to recognize my wife 
Fernanda Morrison, who is here with me today. She has been my constant 
foundation, inspiration, and motivator, and I would like to thank her 
for her support and sacrifice.
    I have spent my entire career in the automotive and technology 
fields. After being the first from my family to graduate from college, 
and then law school, I started my career at the California New Car 
Dealers Association, where I worked on legal and policy issues 
affecting the automotive industry. I later led an automotive compliance 
consulting company that worked directly with industry clients to 
implement regulatory requirements. I was then appointed as Chief 
Counsel to the agency I'm now nominated to lead, where I worked 
shoulder to shoulder with NHTSA's fantastic team of highway safety 
attorneys, engineers, economists, and other researchers and 
professionals. After President Trump's first term, I was hired by 
Apple, where I worked closely with leadership and a host of amazing 
engineers and designers on a range of issues, including working through 
regulatory implications of cutting-edge technologies. I humbly believe 
that the culmination of my experiences qualifies me to be NHTSA's next 
Administrator.
    Why am I passionate about this role? I believe the motor vehicle 
has been instrumental to the success of the American public over the 
past century. Ready access to a car or truck greatly expands our 
personal, professional, and recreational horizons well beyond any other 
transportation technology, and has much to do with the ability to 
achieve the American Dream through upward economic mobility.
    But our Nation's relationship with the automobile is facing several 
critical challenges, as is the automotive industry itself. I'd briefly 
like to mention three.
    First, this personal mobility comes at a great cost. Each year, we 
see approximately six million crashes, millions of injuries, and tens 
of thousands of fatalities. And with the pandemic, our Nation saw an 
increase from 2019's 36,000 crash fatalities--already unacceptably 
high--to over 43,000 fatalities in 2021. While fatalities have trickled 
downward since, we are still several thousand higher than just before 
the pandemic. Each number represents a parent, child, sibling, spouse, 
or friend. Everybody in this room has likely been affected by a crash 
where somebody has been seriously injured or killed.
    Despite this, every year 50 percent of those killed in crashes 
chose not to wear a seatbelt, a third involved a driver who chose to 
use drugs or have that extra drink or two and drive impaired, 30 
percent involved a driver who chose to speed, reducing reaction times 
and massively increasing crash forces, and far too many involved 
drivers who chose to drive distracted. Since the vast majority of 
crashes is driven by human choice or error, we need to double down on 
successful countermeasures to driver behavioral risks. That starts with 
reinvigorating the agency's partnership with States and law enforcement 
to emphasize the critical importance of traffic enforcement action and 
removing unsafe drivers from the road.
    Second, today's vehicles are safer than ever, but not enough people 
are buying them, resulting in the oldest fleet in U.S. history--
averaging nearly 13 years. Not coincidentally, today's vehicles are far 
more expensive than ever. Ensuring a supply of affordable vehicles that 
meet consumer needs and wants is critical to addressing our safety 
crisis. NHTSA can support this by ensuring our regulations meet the 
need for motor vehicle safety without imposing undue costs or design 
restrictions that hamper innovation. This means identifying unintended 
barriers to innovation and pursuing robust yet design-neutral 
performance standards.
    Third, providing room for continued safety innovation is a hallmark 
of the Vehicle Safety Act and is critical to enabling safety 
improvements in the fleet of tomorrow. Technologies such as software-
defined vehicles, zonal architectures, alternative powertrains, and 
especially automated vehicles (AVs), offer potential benefits in terms 
of safety and efficiency, but are complex and introduce risks unique to 
each application. NHTSA cannot sit back and wait for problems to arise 
with such developing technologies, but must demonstrate strong 
leadership. For AVs, this means deep and sustained engagement with 
industry, State and local governments, and technical safety experts. It 
also means the creation of a Safety Framework consisting of guidance 
and, yes, regulation. Realization of the mobility and safety benefits 
from AVs depends entirely upon consumer trust, which must be rooted in 
safety. The technical and policy challenges surrounding these new 
technologies must be addressed. Failure to do so will result in 
products that the public will not accept and the agency will not 
tolerate.
    I look forward to today's hearing and hope to earn your support.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Jonathan Charles Morrison (Jon was a nickname through high 
        school).

    2. Position to which nominated: Administrator of the National 
Highway Traffic Safety Administration.
    3. Date of Nomination: February 11, 2025.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.
    5. Date and Place of Birth: Sacramento, CA.
    6. Provide the name, position, and place of employment for your 
spouse (if married) or domestic partner, and the names and ages of your 
children (including stepchildren and children by a previous marriage).

        Fernanda Morrison, homemaker
        No children

    7. List all college and graduate schools attended, whether or not 
you were granted a degree by the institution. Provide the name of the 
institution, the dates attended, the degree received, and the date of 
the degree.

   Cosumnes River College

     January 1996-May 1998

     AA, Music (May 1998)

   University of Pittsburgh

     August 1998-January 2001

     BPhil, Music & Philosophy (January 2001)

   California State University Sacramento (non-matriculating)

     January 2001-May 2001

   University of Notre Dame

     August 2001-May 2004

     JD (May 2004)

   University College London

     October 2004-September 2005

     LL.M., International Business Law (November 2005)

    8. List all post-undergraduate employment, including the job title, 
name of employer, and inclusive dates of employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

   First Global Community College (Nong Khai, Thailand)
     Music and English Teacher
     Summer 2001

   Tilleke & Gibbins (Bangkok, Thailand)
     Summer Associate
     Summer 2002

   Chandler & Thong-Ek (Bangkok, Thailand)
     Summer Associate
     Summer 2003

   Exclusively Legal
     Contract Attorney
     October 2005

   Copart (Fairfield, CA)
     Contract Attorney
     November 2005-January 2006
     Non-management, but related to position

   California New Car Dealers Association (Sacramento, CA)
     Staff Counsel; Director of Legal & Regulatory Affairs 
            (Management)
     January 2006-Feburay 2014

   Auto Advisory Services, LLC (Irvine, CA)
     President (Management)
     March 2014-October 2017

   National Highway Traffic Safety Administration (Washington, 
        DC)
     Chief Counsel (Management)
     November 2017-January 2021

   Apple, Inc. (Cupertino, CA)
     Legal, Regulatory, Government Affairs, and Policy Lead 
            (Management)
     March 2021 to Present

    9. Attach a copy of your resume. 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 after 18 years of age.

   California Bureau of Automotive Repair Advisory Group Member
     Appointed by Chief of the Bureau of Automotive Repair
     2014-2017

    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.

   Director, California Automotive Business Coalition
     2015-2017

   Co-Chair of the Regulatory Compliance Practice Group, 
        National Association of Dealer Counsel
     2015-2017

   Director, Automated Vehicle Industry Association
     2021-2024

    12. List all memberships you have had after 18 years of age or 
currently hold with any civic, social, charitable, educational, 
political, professional, fraternal, benevolent or religiously 
affiliated organization, private club, or other membership organization 
(You do not have to list your religious affiliation or membership in a 
religious house of worship or institution). 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 disability.

   Member, Pitt Alumni Association
     2001 to Present

   Member, Notre Dame Alumni Association
     2004 to Present

   Member, Notre Dame Club of San Jose/Silicon Valley
     2023 to Present

   Member, Notre Dame Club of Washington, DC
     2018-2021

   Member, Notre Dame Club of Orange County
     2015-2017

   Member, Notre Dame Law Association
     2004 to Present

   Member, St. Thomas More Society
     2023 to Present

   Member, University College London Alumni
     2005 to Present

   Member, Federalist Society
     2017-2020; 2023 to Present

   Member, Society for Benefit Cost Analysis
     2024 to Present

   Member, State Bar of California
     2005 to Present

   Member, United States Supreme Court Bar
     2018 to Present

   Member, Rotary Club of North Sacramento
     2008-2012

   Member, Phi Sigma Tau International Honor Society in 
        Philosophy, University of Pittsburgh
     1999-2001 (President, 2000)

   Member National Association of Dealer Counsel
     2007-2017 (Co-Chair of Regulatory Practice Group, 
            2015-2017)

   Member, California Bureau of Automotive Repair Advisory 
        Group (2014-2017)

    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.
    I was appointed as Chief Counsel of the National Highway Traffic 
Safety Administration in the U.S. Department of Transportation, and 
served from November 2017-January 2021.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Secretary of Transportation's Distinguished Service Award for 
        Leading DOT's Response to the COVID-19 National Public Health 
        Emergency, 2020

        University College London, London, United Kingdom LL.M., with 
        Merit, International Business Law, 2005

        Dean's List, International Trade Law, Notre Dame Law School, 
        2003 International Moot Court, Notre Dame Law School, London, 
        2003
                Best Speaker, Round One
                Competition Speaker of Note

        University of Pittsburgh, Pittsburgh, Pennsylvania
        Bachelor of Philosophy, Magna Cum Laude, Philosophy & Music, 
        2001

        University Honors College Brackenridge Research Fellow, 
        Philosophy/History & Philosophy of Science, University of 
        Pittsburgh, 2000

        President, Phi Sigma Tau International Honor Society in 
        Philosophy, University of Pittsburgh, 2000

        Cosumnes River College, Sacramento, California Associate of 
        Arts, with Highest Honors, Music, 1998

    17. List all books, articles, columns, letters to the editor, 
Internet blog postings, or other publications you have authored, 
individually or with others. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
publication when available.

   National Highway Traffic Safety Administration
     While at NHTSA, I issued several orders, notices, 
            rulemaking documents, and interpretation letters in my 
            capacity as Chief Counsel. These are available at: https://
            www.nhtsa.gov/nhtsa-interpretation-file-search#search-tool 
            or in the Federal Register

   California New Car Dealers Association (CNCDA):

     Dealer Management Guides (Editing & Drafting Portions)
     F&I Compliance Manuals (Editing & Drafting Portions)
     Registration Professional's Toolkit
     CNCDA Monthly Dealer Bulletin Articles (2006-2014)
        Note: these are resources made available to members; I do not 
        have access to the publications

   Auto Advisory Services (AAS):
     CNCDA Service Drive Compliance Manual and Reference 
            Guide (2017)
        Note: CNCDA hired AAS to provide a seminar series and draft 
        this publication, which was provided to CNCDA members and 
        attendees. This is a CNCDA member resource, and I do not have 
        access to the publication.

   Auto Dealer Law Quarterly Updates (2014-2017)
     -Rocky Recall Road, (Found reprinted in Illinois 
            Automobile Dealer News at https://illinois-auto-dealer-
            news.thenewslinkgroup.org/flippingbooks/Pub6-2016-Issue3/
            14/) (2016)
        Note: Auto Dealer Law was a compliance guidebook and quarterly 
        newsletter service provided jointly by AAS and the law firm 
        Charapp & Weiss--neither of which exist today. I wrote several 
        articles for the quarterly newsletter, but, aside from the 
        article linked above, I do not have access to those 
        newsletters.

   Monthly Transmission Newsletter (2014-2017)
        Note: This Newsletter was a subscription service provided to 
        AAS clients. I wrote or edited many articles for the 
        publication while President of AAS. AAS was sold to KPA in 
        2018, and I do not have access to the publications.

    18. List all speeches, panel discussions, and presentations (e.g., 
PowerPoint) that you have given on topics relevant to the position for 
which you have been nominated. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
speech or presentation when available.
    Note: I have given many speeches, panel presentations, and other 
presentations in my career--mostly relating to legal and public policy 
matters not directly relevant to the National Highway Traffic Safety 
Administration or the position of Administrator, and primarily prior to 
my time in the Federal government.
    The following is the most complete list I could recall of my 
speeches, panel presentations, and presentations relevant to the 
nomination:

   National Highway Traffic Safety Administration (presented in 
        my official capacity as Chief Counsel):

     Discussion, NADA Regulatory Affairs Meeting, 
            Washington, DC (April 2018) (no digital copy found)

     Announcement of vehicle recall safety pilot program 
            with Maryland Department of Transportation and Maryland 
            Motor Vehicle Administration, pursuant to grant from the 
            National Highway Traffic Safety Administration (April 2018) 
            (no digital copy found)

     Presentation, Self-Driving Coalition for Safer Streets 
            (Estimated 2019) (no digital copy found)

     Presentation, National Association of Motor Vehicle 
            Boards and Commissions Fall Workshop (September 2018) (no 
            digital copy found)

     Speech, Association for Safe International Road Travel 
            (November 2018) (no digital copy found)

     Panel Discussion, American Bar Association Emerging 
            Issues in Motor Vehicle Product Liability Litigation 
            Conference (April 2019) (no digital copy found)

     Governors Highway Safety Association Annual Meeting 
            (August 2019) (no digital copy found)

     Speech, National Automobile Dealers Association 
            Washington Conferencee (September 2019) (no digital copy 
            found)

     Presentation, National Association of Dealer Counsel 
            Fall Conference (October 2019) (no digital copy found)

     Presentation, National Sheriffs Association (Estimated 
            2019) (no digital copy found)

     Speech, National Independent Automobile Dealers 
            Association (Estimated 2019) (no digital copy found)

     Interview with Magazine (Estimated 2019 or 2020) (no 
            digital copy found)

                Note: I recall a written interview with an automotive 
                periodical related to repairs, tires, or the automotive 
                aftermarket, but I can't recall which one.

     Virtual Panel Presentation at The Autonomous' Safety 
            and Regulation Chapter Event, July 2020 (https://www.the-
            autonomous.com/news/tackling-regu
            lation-at-the-fourth-chapter-event/)

     Presentation before the Japan Automobile Standards 
            Internationalization Center (December 2020) (https://
            www.jasic.org/meeting_docs_admin/con
            tents/uploads/doc/meeting3/
            6%E3%80%80NHTSA%20Symposium%20Decem
            ber%202020.pdf)

   Auto Advisory Services:

     Presentation, Dealer Perspectives from the Early 
            Stages of the Plug-In Presentation, The California Zero 
            Emission Vehicle Mandate: Legal and Market Expectations 
            Intertwined, National Association of Motor Vehicle Boards 
            and Commissions Annual Conference (2014) (found online at: 
            https://www
            .sambuz.com/doc/national-association-of-motor-vehicle-
            boards-and-ppt-presen
            tation-613040)

     Panel Discussion, Vehicle Finance: An Evolving Market/
            Subprime & Negative Equity: How to Stop the Pot from 
            Bubbling Over, National Association of Motor Vehicle Boards 
            and Commissions Annual Conference (2014) (no digital copy 
            found)

     Electric Vehicle Market, Department of Energy Annual 
            Merit Review (June 2014) (no digital copy found)

     Panel Presentation, Legal Ramifications of Vendor 
            ``Solutions'' Peddled to Dealers, National Association of 
            Dealer Counsel (2017) (no digital copy found)

     Presentation, Industrywide Safety Recall Difficulties, 
            California New Motor Vehicle Board (2016) (no digital copy 
            found)

     Several Presentations, Service Drive Compliance, 
            California New Car Dealers Association (2017) (no digital 
            copy found)

     Presentation, Auto Repair Compliance, Independent 
            Automotive Professionals Association (2016) (no digital 
            copy found)

   California New Car Dealers Association:
     Various seminars on compliance and new laws (2006-
            2014) (no digital copy found)

    19. List all public statements you have made during the past ten 
years, including statements in news articles and radio and podcasts and 
television appearances, which are on topics relevant to the position 
for which you have been nominated, including dates. Include a link to 
each statement when possible. If a link is not available, provide a 
digital copy of the statement when available.

   Automotive News SHIFT: A Podcast About Mobility: USDOT 
        Sketches Road Rules Ahead for Self-Driving Vehicles (episode 
        74) (2020) https://www.auto
        news.com/shift-podcast-about-mobility/usdot-sketches-road-
        rules-ahead-self-dri
        ving-vehicles-episode-74/

    20. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the full name of an ``alias'' or ``handle'', 
including the complete URL and username with hyperlinks, you have used 
on each of the named platforms. Indicate whether the account is active, 
deleted, or dormant. Include a link to each account if possible.

   LinkedIn: https://www.linkedin.com/in/jonathan-morrison-
        45b1181/ (active)

   X: https://x.com/jbomott38574 (active, no posts)

   Myspace: https://myspace.com/jbomott (long inactive)

    21. 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, committee, and subject 
matter of each testimony. None.
    22. Given the current mission, major programs, and major 
operational objectives of the department/agency/commission/corporation 
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 believe I am qualified to serve as Administrator of the National 
Highway Traffic Safety Administration because I have spent my entire 
career working in the automotive and technology fields, including 
service as Chief Counsel to the agency from November 2017 through 
January 2021. Should I be confirmed, I would apply lessons learned from 
my experiences in each role to drive agency efforts to improve highway 
safety.
    California New Car Dealers Association (CNCDA): At CNCDA I grew 
familiar with the legal, policy, and market issues affecting the 
automotive industry, including safety, fuel economy, environmental, 
finance, transactional, and distributional.
    Auto Advisory Services: Running Auto Advisory Services gave me the 
ability to understand automotive legal, policy, and market issues on a 
more intimate basis by providing compliance guidance directly with 
dealer, repair facility, and technology company clients.
    National Highway Traffic Safety Administration (NHTSA): As NHTSA 
Chief Counsel, I led all regulatory, enforcement, and other legal 
activities within NHTSA's jurisdiction, working closely with the 
agency's incredible team of automotive safety attorneys, engineers, 
economists, statisticians, human factors specialists, and other 
researchers on all aspects of NHTSA's mission.
    My work at NHTSA gave me intimate knowledge of the areas of NHTSA 
jurisdiction, and recent experience working to address the ongoing 
highway safety crisis.
    Apple: At Apple, I led a cross-functional legal, regulatory, 
government affairs, and policy team to provide strategic counsel to 
leadership, product design, industrial design, and human interface 
teams on regulatory, product liability, and safety implications of 
various technological designs and features. This experience of applying 
regulation to cutting edge technologies would serve me well as 
Administrator, should I be confirmed.
    23. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency/commission/corporation has proper 
management and accounting controls, and what experience do you have in 
managing a large organization?
    Should I be confirmed as Administrator of the National Highway 
Traffic Safety Administration, my responsibilities will be to lead and 
represent the agency on all matters within its jurisdiction in 
accordance with the directions, policies, and priorities of the 
Secretary of Transportation and President of the United States. This 
includes properly and efficiently managing all programs, functions, 
offices, and activities of the agency within the Administrator's 
statutory authorities in accordance with the law and the Constitution.
    Critically, my responsibilities will involve planning and 
overseeing budgets, spending plans, and audits, and implementing 
internal controls consistent with mandates from the Office of 
Management and Budget, Department of Transportation, and Congress to 
ensure accountability.
    While serving as Chief Counsel to the agency, I assisted the Deputy 
Administrator in management of the agency, working closely with the 
Associate Administrator for Administration and CFO. I also gained 
executive managerial experience from running a business when serving as 
President of Auto Advisory Services.
    24. What do you believe to be the top three challenges facing the 
department/agency/commission/corporation, and why?

   Our highway fatality crisis has continued at an unacceptably 
        elevated rate, especially since the onset of the COVID-19 
        pandemic. Over the past several years, we have suffered 
        fatality rates our country hasn't seen since the mid-2000s. The 
        characteristics common to these fatal crashes have remained 
        consistent for decades: speeding, alcohol and/or drug use, 
        distraction, and not wearing seat belts. The agency must 
        redouble its efforts on proven safety countermeasures.

   While today's new vehicles are the safest ever sold, the 
        average age of a vehicle in the United States fleet is older 
        than ever and now approaches 13 years--meaning an increasingly 
        large proportion of our society is driving older and less safe 
        vehicles. The reason for this aging fleet is multifaceted, but 
        much can be attributed to regulatory mandates in the United 
        States, Europe, and China that push design decisions away from 
        what consumers want and need and continually push vehicle 
        prices out of reach for everyday Americans. Pursuing smart 
        regulation that focuses on robust, design-agnostic, performance 
        requirements will allow automakers to design and sell 
        innovative vehicles that consumers and businesses desire, and 
        at a lower price point.

   Automotive technology, and American use and acceptance of 
        such technology, is evolving at an incredibly rapid pace. 
        Alternative fuel powertrains, software-defined vehicles, and 
        automated driving systems are extraordinarily complicated, and 
        development is unique to each company. Appropriate oversight 
        and regulation of these new technologies requires that the 
        agency continuously develop its own expertise and familiarity 
        with new technologies and their costs and benefits. The agency 
        must engage with industry, State and local governments, and 
        safety experts to establish robust performance requirements 
        that meet the need for motor vehicle safety in a way that does 
        not hamper innovation.
                   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, such as a 401(k) or pension plan.

   Apple:

     Severance: Upon leaving Apple on April 28th, I will 
            receive a lump sum severance payment, and up to six months 
            of COBRA premiums pursuant to Apple's severance plan.

     Bonus: Conditioned upon fulfilling my employment 
            obligations and remaining an employee in good standing on 
            April 28th, I will receive a cash bonus.

     ESPP Refund: I have continued to have a portion of my 
            salary withheld pursuant to Apple's Employee Stock Purchase 
            Plan. Since I will leave Apple prior to the next stock 
            purchase date, all amounts withheld will be cashed out upon 
            my leaving the company on April 28th.

     Accrued vacation payout: Pursuant to Apple's 
            employment plan, all accrued vacation time will be cashed 
            out to me upon my departure on April 28th.

     401(k): I have an Apple-sponsored 401(k) account 
            through Fidelity Netbenefits. I will keep this account open 
            for some period of time. If I am confirmed, I will consider 
            rolling the funds in this account over to the Federal 
            Thrift Savings Plan.

   Federal Government:
     Thrift Savings Plan: I have retained my Thrift Savings 
            Plan account from my time in the Federal Government.

    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation 
(``DOT'') Designated Agency Ethics Official to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved consistent with the terms of an ethics agreement I have 
entered into with the DOT Designated Agency Ethics Official, which has 
been provided to this Committee. I am not aware of any other 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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation 
(``DOT'') Designated Agency Ethics Official to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved consistent with the terms of an ethics agreement I have 
entered into with the DOT Designated Agency Ethics Official, which has 
been provided to this Committee. I am not aware of any other conflicts 
of interest.
    5. Identify any other potential conflicts of interest and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation 
(``DOT'') Designated Agency Ethics Official to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved consistent with the terms of an ethics agreement I have 
entered into with the DOT Designated Agency Ethics Official, which has 
been provided to this Committee. I am not aware of any other conflicts 
of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    Until resigning in February 2024, I served as a Director of the 
Autonomous Vehicle Industry Association, which advocated for policies 
in support of the safe testing and deployment of highly automated 
vehicles.
    While President of Auto Advisory Services, I attended the 
California New Car Dealers Association's annual legislative conferences 
and accompanied dealer clients to visits with members of the California 
legislature.
    Until joining the National Highway Traffic Safety Administration in 
November 2017, I served as a Director of the California Automotive 
Business Coalition, which advocated for policies in support of the 
larger automotive repair industry.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation 
(``DOT'') Designated Agency Ethics Official to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved consistent with the terms of an ethics agreement I have 
entered into with the DOT Designated Agency Ethics Official, which has 
been provided to this Committee. I am not aware of any other 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, an Inspector General, professional association, disciplinary 
committee, or other professional group? If yes:
    No.

  a.  Provide the name of the court, 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.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, municipal, or foreign government 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 
assault, 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. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency/commission/
corporation complies with deadlines for information set by 
congressional committees, and that your department/agency/commission/
corporation endeavors to timely comply with requests for information 
from individual Members of Congress, including requests from members in 
the minority?
    Yes, I will ensure that my office responds to such requests for 
information as appropriate.
    2. Will you ensure that your department/agency/commission/
corporation does whatever it can to protect congressional witnesses and 
whistleblowers 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 Jonathan C. Morrison
EXPERIENCE
Apple, Inc, Cupertino, California
Special Projects Group Legal 2021-Present
Apple, Inc. is one of the world's largest technology companies, 
blending hardware, software, and services to create unrivaled consumer 
products and experiences.

   Led intersectional team of legal, engineering, and 
        government affairs professionals for Apple's Special Projects 
        Group, overseeing and directing legal, regulatory, government 
        affairs, and policy development activities.

   Strategic Counsel:

     Guided product design, industrial design, and human 
            interface teams on regulatory and product liability 
            implications of various designs and features; worked 
            collaboratively to modify designs to mitigate risk while 
            meeting concept objectives

     Developed cross-functional Safety Action Committee 
            organization to bring together relevant experts and project 
            leadership to align on policy development and safety-
            critical decisionmaking

     Supported large operations infrastructure in achieving 
            program objectives while meeting regulatory requirements 
            and mitigating safety and liability risk

     Worked with Apple legal, government affairs, security, 
            and communications teams to achieve alignment on supply 
            chain, intellectual property, privacy, and other strategic 
            objectives

   Policy Development:

     Worked cross-functionally to evaluate implications of 
            alternative performance standards and potential suitability 
            for anticipated regulatory requirements

     Adapted goal-structured notation approach for policy/
            process development through cross-functional safety case 
            governance

     Developed policies, based upon regulatory, standards, 
            and political research, designed to generate design-and-
            feature-specific engineering requirements

National Highway Traffic Safety Administration (NHTSA), Washington, 
District of Columbia
Chief Counsel 2017 to 2021

NHTSA is the primary Federal automotive industry regulator, overseeing 
activities of automobile manufacturers, parts suppliers, automated 
driving system (ADS) developers, dealers, and alterers/modifiers. 
NHTSA's mission is to save lives, prevent injuries, and reduce economic 
costs due to vehicle crashes.

   Appointed by Secretary of Transportation to serve as the 
        16th Chief Counsel in NHTSA's history to lead all regulatory, 
        enforcement, and other legal activities within NHTSA's 
        jurisdiction

   Engaged in detailed technical discussions with government 
        and stakeholder attorneys, engineers, economists, 
        statisticians, human factors specialists, and other researchers 
        to inform policy and legal determinations

   Worked with NHTSA's Office of Defect Investigations and 
        Office of Vehicle Safety Compliance to evaluate safety and 
        compliance concerns based upon TREAD Act reporting, consumer 
        complaints, and other information to determine whether 
        investigations were necessary and appropriate, ensure due 
        process, and evaluate the adequacy and timeliness of 
        manufacturer recalls

   Oversaw negotiation of consent orders with manufacturers, 
        importers, parts suppliers, and new car dealers

   Researched and issued authoritative legal interpretations of 
        relevant statutes and regulations

   Oversaw Congressional affairs inquiries and led 
        Congressional briefings on matters relating to cybersecurity, 
        ADS, fuel economy, and odometer disclosure requirements

   Represented the United States in presentations before 
        national and international government, trade association, and 
        industry events

Auto Advisory Services, Inc. (AAS), Irvine, California
President 2014 to 2017

AAS was a 40+ employee legal compliance consulting company that 
leveraged deep understanding of industry operations and expertise in 
technical State and Federal laws to provide compliance counsel to 
hundreds of new car dealer and technology company clients.

   Assisted clients in navigating industry issues in response 
        to governmental activity and litigation threats

   Led team of attorneys, and former law enforcement officials 
        to audit dealer activities for compliance with California and 
        Federal sales, finance, privacy, advertising, and repair laws

   Leveraged automotive repair expertise to create automotive 
        service compliance program

   Worked with State and Federal trade associations 
        representing dealers, automakers, finance companies and other 
        transportation-related sectors to develop and provide 
        compliance guidance

   Fostered relationships with trade associations, regulatory 
        agencies, automakers, finance companies and litigators to gauge 
        compliance threats and provide targeted industry guidance

California New Car Dealers Association (CNCDA), Sacramento, California
Director of Legal & Regulatory Affairs 2006 to 2014

CNCDA represents 1,200 California franchised new car and truck dealers 
in legal, regulatory, legislative and media advocacy.

   Led legal and regulatory advocacy efforts before all 
        California courts and regulatory agencies, including the 
        California Air Resources Board, Department of Motor Vehicles, 
        Bureau of Automotive Repair, Department of Toxic Substances 
        Control, and Board of Equalization

   Drafted legislation and regulations to implement favorable 
        policy positions and strategies

   Testified before California legislature and Federal and 
        State regulatory agencies on behalf of dealers

   Assisted dealers in navigating pressing industry events 
        spurred by Federal or State laws

   Analyzed and monitored legislative and regulatory proposals 
        to determine dealer impact

   Monitored legal trends in California and Federal courts; 
        coordinated Amicus activity among businesses and trade 
        associations; drafted and edited Federal and State Amicus 
        briefs
PROFESSIONAL QUALIFICATIONS
Member, United States Supreme Court Bar, 2018 to present

Member, State Bar of California, 2005 to present

Director, Autonomous Vehicle Industry Association, 2021 to 2024

Co-Chair, Regulatory Compliance Practice Group, National Association of 
Dealer Counsel, 2015 to 2017

Director, California Automotive Business Coalition, 2014 to 2017

Appointed Member, California Bureau of Automotive Repair Advisory 
Group, 2014 to 2017
EDUCATION
University College London, London, United Kingdom

LL.M., with Merit (Honors), International Business Law, 2005

The Notre Dame Law School, Notre Dame, Indiana

Juris Doctor, 2004

University of Pittsburgh, Pittsburgh, Pennsylvania

Bachelor of Philosophy, Magna Cum Laude, Philosophy & Music, 2001

Cosumnes River College, Sacramento, California

Associate of Arts, with Highest Honors, Music, 1998

    The Chairman. Thank you. Mr. Roberti, you are now 
recognized.

                   STATEMENT OF PAUL ROBERTI,

           NOMINEE TO BE ADMINISTRATOR, PIPELINE AND

           HAZARDOUS MATERIALS SAFETY ADMINISTRATION

    Mr. Roberti. Chairman Cruz, Ranking Member Cantwell, and 
members of the Committee, thank you for the opportunity to be 
here today.
    It is a great honor to be nominated by President Trump, and 
I am equally grateful to Secretary Duffy for his trust and 
confidence in my ability to lead the Pipeline and Hazardous 
Material Safety Administration.
    I am pleased to be accompanied today by my three wonderful 
sons, twins, Christian and Ethan, and their younger brother, 
William; and my two brothers, Dino and Peter, and some very 
close friends and colleagues who traveled from New York, New 
England, today; my friend Jake Van Reen, my good friend Kim 
Baruti, and Paul Afonso from Massachusetts.
    I also want to thank Senator Whitehouse for his kind 
introduction and his commitment to public service and 
leadership on behalf of the citizens of Rhode Island.
    I come to Washington to serve the Nation from Rhode Island 
where I grew up as the son of school teachers who fostered a 
culture of learning, loyalty, and hard work so that each of my 
brothers and I could build a future called the American dream.
    My pathway to public service began 35 years ago, and 
through various positions in State and Federal Government, I 
always relied on an inner moral compass to do the right thing 
and to see that my actions and decisions reflected the 
interests of average everyday citizens who expected good 
government from those who were charged with serving the public 
interest.
    My career took me into energy and utilities. From very 
early on, I was amazed at the complexity of the energy systems 
that delivered vital services to society, powering our economy 
and way of life, and at the same time achieving reliability and 
affordability for the consumers who ultimately paid the bills.
    The vast network of pipelines in our Nation represents the 
cornerstone of our economy and our bright pathway to achieving 
energy independence. The energy products moving through 
pipelines keep us warm at night, drive manufacturing, and help 
ensure that the electric grid never fails. The reliability and 
safety of these systems, literally, can spell the difference 
between life and death.
    When I was a public utilities commissioner in Rhode Island 
and learned that some of our pipelines dated back to 1850, 
installed even before the Civil War when Abraham Lincoln was 
still a Member of Congress, and that these vintage cast iron 
systems ultimately resulted in preventable tragedies such as 
Allentown, Pennsylvania, and East Harlem, New York, it 
galvanized my drive to advance pipeline safety.
    To realize the President's vision for unleashing American 
energy, we must instill great confidence that our 
transportation systems are safe. Whether it be natural gas 
moving through pipelines, crude oil over railways, lithium 
batteries in airplanes, or the fireworks that mark our Fourth 
of July celebrations, ensuring the safe movement of hazardous 
materials throughout the Nation's transportation systems must 
always be PHMSA's top priority.
    I am honored to be considered to lead PHMSA's dedicated 
workforce as they strive to maintain and enhance the safe 
movement of hazardous materials across all modes of 
transportation, including pipelines.
    Today, we face many threats and challenges to our pipeline 
infrastructure, physical and cyber security threats from bad 
actors, whether individuals or nation states, pose a steady and 
growing risk to the safe and reliable operation of our pipeline 
systems. The best defense against these threats requires 
constant vigilance and close coordination with Federal, state, 
and local government partners, as well as collaboration with 
industry. And if a bad incident occurs, these same defensive 
measures are equally critical in the context of emergency 
response and recovery.
    Allow me to close on a positive note. New technologies, 
engineering advances, and innovation offer substantial 
opportunities to advance safety while lowering costs for the 
American consumer. For example, the power of advanced 
capabilities like artificial intelligence can be leveraged for 
obtaining higher quality risk assessments to evaluate the 
integrity of pipeline systems and harness toward the 
development of better technologies for containing hazardous 
materials.
    If confirmed as administrator, I not only commit to being a 
fair and effective regulator, but also will seek opportunities 
for unleashing American ingenuity to advance safety and bring 
us closer to the goal of zero incidents.
    Thank you, Chairman Cruz and Ranking Member Cantwell. I 
look forward to answering the Committee's questions.
    [The prepared statement and biographical information of Mr. 
Roberti follow:]

   Prepared Statement of Paul Roberti, Nominee to be Administrator, 
         Pipeline and Hazardous Materials Safety Administration
    Chairman Cruz, Ranking Member Cantwell and Members of the 
Committee--

    Thank you for the opportunity to be here today. It is a great honor 
to be nominated by President Trump, and I am equally grateful to 
Secretary Duffy for his trust and confidence in my ability to lead the 
Pipeline and Hazardous Materials Safety Administration (PHMSA).
    I come to Washington to serve the Nation from Rhode Island, where I 
grew up as the son of schoolteachers, who fostered a culture of 
learning, loyalty and hard work so that each of my brothers and I could 
build a future called the American dream.
    My pathway to public service began 35 years ago, and through 
various positions in State and Federal government, I always relied on 
an inner moral compass to do the right thing, and to see that my 
actions and decisions reflected the interests of average, everyday 
citizens who expected ``good government'' from those who were charged 
with serving the public interest.
    My career took me into energy and utilities. From very early on, I 
was amazed at the complexity of the energy systems that delivered vital 
services to society, powering our economy and way of life, and at the 
same time achieving reliability and affordability for the consumers who 
paid the bills.
    The vast network of pipelines in our Nation represents the 
cornerstone of our economy and our bright pathway to achieving energy 
independence. The energy products moving through pipelines keep us warm 
at night, drive manufacturing and help ensure that the electric grid 
never fails. The reliability and safety of these systems literally can 
spell the difference between life and death.
    When I was a public utilities commissioner in Rhode Island and 
learned that some of our pipelines dated back to 1850--installed before 
the Civil War when Abraham Lincoln was still a Member of Congress--and 
that these vintage cast iron systems ultimately resulted in preventable 
tragedies such as Allentown, PA and East Harlem, NY, it galvanized my 
drive to advance pipeline safety.
    To realize the President's vision for unleashing American energy, 
we must instill great confidence that our transportation systems are 
safe. Whether it be natural gas moving through pipelines, crude oil 
over railways, lithium batteries in airplanes, or the fireworks that 
mark our Fourth of July celebrations, ensuring the safe movement of 
hazardous materials throughout our Nation's transportation systems must 
always be PHMSA's top priority. I am honored to be considered to lead 
PHMSA's dedicated workforce as they strive to maintain and enhance the 
safe movement of hazardous materials across all modes of 
transportation, including pipelines.
    Today, we face many threats and challenges to our pipeline 
infrastructure. Physical and cybersecurity threats from bad actors, 
whether individuals or nation states, pose a steady and growing risk to 
the safe and reliable operation of our pipeline systems. The best 
defense against these threats requires constant vigilance and close 
coordination with federal, state, and local government partners, as 
well as collaboration with industry. And if a bad incident occurs, 
these same defensive measures are equally critical in the context of 
emergency response and recovery.
    Allow me to close on a positive note. New technologies, engineering 
advances, and innovation offer substantial opportunities to advance 
safety while lowering costs for the American consumer. For example, the 
power of advanced capabilities like artificial intelligence can be 
leveraged for obtaining higher quality risk assessments to evaluate the 
integrity of pipeline systems and harnessed towards the development of 
better technologies for containing hazardous materials. If confirmed as 
Administrator, I not only commit to being a fair and effective 
regulator, but also will seek opportunities for unleashing American 
ingenuity to advance safety and bring us closer to the goal of zero 
incidents.
    Thank you, Chairman Cruz and Ranking Member Cantwell. I look 
forward to answering the Committee's questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Paul Roberti.
    2. Position to which nominated: Administrator, Pipeline and 
Hazardous Materials Safety Administration.
    3. Date of Nomination: February 3, 2025.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: Warwick, RI.
    6. Provide the name, position, and place of employment for your 
spouse (if married) or domestic partner, and the names and ages of your 
children (including stepchildren and children by a previous marriage):

        Ethan Roberti (age 24)

        Christian Roberti (age 24)

        William Roberti (age 18)

    7. List all college and graduate schools attended, whether or not 
you were granted a degree by the institution. Provide the name of the 
institution, the dates attended, the degree received, and the date of 
the degree:

        College of the Holy Cross (9/83-5/87). B.A. Chemistry (5/87)
        Suffolk University School of law (9/87-6/90). Juris Doctorate 
        (6/90)

    8. List all post-undergraduate employment, including the job title, 
name of employer, and inclusive dates of employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated. (Management positions are in 
italics)

   law Clerk., Supreme Court of Rhode Island (9/90-8/91)

   Associate., Tillinghast Collins & Graham (9/91-9/92)

   Special Assistant Attorney General, R.I. Dept. of AG (9/92-
        1/97)

   Assistant Attorney General, R.I. Dept. of AG (1/97-7/09)

   Chief., Regulatory Unit, R.I. Department of AG (6/97-7/09)

   Commissioner., Rhode Island Public Utilities Commission (7/
        09-6/16)

   Executive Director, Ernst & Young (6/16-3/18)

   Chief Counsel, U.S. Pipeline and Hazardous Materials Safety 
        Administration (3/18-1/21)

   President., Greene River Advisors LLC (7/21-12/24)

   Chief Economic and Policy Analyst, Rhode Island Division of 
        Public Utilities and Carriers (3/22-9/24)

   Managing Director, Ernst & Young LLP (9/24 to present)

    9. Attach a copy of your resume. See attached pdf document.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above after 18 years of age.

   Member, USDOE Electricity Advisory Committee (2013-17)

   Member, USDOE/NARUC Natural Gas Infrastructure Modernization 
        Partnership (2016)

   Member, Special legislative Committee to Study and Evaluate 
        Natural Gas Transmission and Distribution System Infrastructure 
        (2021-2022)

   Member, Governor's Telecommunications Task Force

   Moderator, Pojac Point Fire District (2016-2020)

   Clerk, Pojac Point Fire District (2004-06)

   Road Commissioner, Pojac Point Fire District (2024-2025)

    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.

   Director, National Association of Regulatory Commissioners 
        (NARUC) (2013-16)

   Chairman, NARUC Subcommittee on Pipeline Safety (2013-16)

   Chairman, NARUC Pipeline Safety Task Force (2011-13)

   Vice Chairman, NARUC Committee on Gas (2013-14)

   Director, National Regulatory Research Institute (2012-16)

   Director, University of Rhode Island Research Foundation 
        (2022-2025)

   Chairman, New Mexico State University/Center for Public 
        Utilities' Advisory Council (2013-15)

   Vice-Chairman, New England Power Pool (2021-24)

    12. List all memberships you have had after 18 years of age or 
currently hold with any civic, social, charitable, educational, 
political, professional, fraternal, benevolent or religiously 
affiliated organization, private club, or other membership organization 
(You do not have to list your religious affiliation or membership in a 
religious house of worship or institution). 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 disability.

   Member of the Bar, United States Supreme Court (2018 to 
        present)

   Member of the Bar, United States Court of Appeals (1st and 
        DC circuits) (1997 to present)
   Member of the Bar, United States District Court 1991
   Member of the Bar, Rhode Island (1990 to present)
   Member of the Bar, Massachusetts (1991-2008)
   Member of the Bar, Florida (1992-2008)
   Member, Rhode Island Bar Association (1990 to present)

   Member, Rhode Island Inns of Court (1994-96)

   Member, North American Energy Standards Board Advisory 
        Council (2013-2025)

   Member, National Association of Regulatory Utility 
        Commissioners (2009-16)

   Member, Public Interest Advisory Council, Gas Technology 
        Institute (2014-16; 2022-24)

   Member, International Confederation of Energy Regulators 
        (2015-16)

   Member, New England Conference of Public Utility 
        Commissioners (2009-16)

   Member, Rhode Island Mineral Hunters Assoc. (1977-82; 2022 
        to present)

   Member, Rhode Island Dahlia Society (2022 to present)

   Member, American Dahlia Society (2022 to present)

    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. Not Applicable.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. Not Applicable.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.

   12/31/2024, Ernst & Young Political Action Committee: $300

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Award of Appreciation, Energy & Natural Resources Division, 
        U.S. Department of Justice (2020)

   Terry Barnich Award, National Association of Regulatory 
        Utility Commissioners (2016)

   Scholarship, Holy Cross Club of Rhode Island

   Executive Leadership Program, Harvard Business School (2017)

   National Institute of Trial Advocacy (1996)

   Leadership Rhode Island (2014)

   Outstanding Physics Student of the Year, North Kingstown 
        High School (1983)

   Boys Nation, American Legion (1982)

   History Award, Daughters of the American Revolution (1981)

   Berger Anderson Award, Rhode Island Mineral Hunters 
        Association (1978 & 1981)

    17. List all books, articles, columns, letters to the editor, 
Internet blog postings, or other publications you have authored, 
individually or with others. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
publication when available.

   ``Challenges of Aging Infrastructure,'' Public Utilities 
        Fortnightly (2015)
   ``The Essential Role of State Engagement in Demand 
        Response,'' Harvard Environmental Law Review (2016)

    (See attached pdf documents)
    18. List all speeches, panel discussions, and presentations (e.g., 
PowerPoint) that you have given on topics relevant to the position for 
which you have been nominated. Include a link to each publication when 
possible. If a link is not available, provide a digital copy of the 
speech or presentation when available.
    (See attached pdf documents related to the following list of 
speeches and presentations)

   American Bar Association (November 19, 2019)

   American Forest & Paper Association (April 24, 2019)

   American Gas Association (October 7, 2014)

   American Petroleum Institute (November 7, 2019)

   Dangerous Goods Advisory Council, (October 30, 2019)

   Iowa Utilities Commission (February 26, 2019)

   NARUC Committee on Gas (July 16, 2018)

   NARUC Committee on Gas (November 2019)

   Nat'l Assoc. of Pipeline Safety Representatives (October 15, 
        2018)

   Nat'l Assoc. of Pipeline Safety Representatives (September 
        15, 2020)

   Nat'l Assoc. of State Utility Consumer Advocates (November 
        18, 2019)

   New England Conference of PUCs (June 2013)

   New Mexico State University (April 8, 2019)

   Northeast Gas Association (May 2013)

   Pipeline Research & Dev. Forum (September 11, 2018)

   Texas Railroad Commission (August 2019)

   Nat'l Assoc. of Regulatory Utility Commissioners (February 
        14, 2016)

    19. List all public statements you have made during the past ten 
years, including statements in news articles and radio and podcasts and 
television appearances, which are on topics relevant to the position 
for which you have been nominated, including dates. Include a link to 
each statement when possible. If a link is not available, provide a 
digital copy of the statement when available.

        https://www.providencejournal.com/story/news/environment/2016/
        06/12/
        power-in-play-new-england-losing-generators-so-how-could-
        burrillville-plant
        -not-be-needed/ 27741442007/

    20. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the full name of an ``alias'' or ``handle'', 
including the complete URL and username with hyperlinks, you have used 
on each of the named platforms. Indicate whether the account is active, 
deleted, or dormant. Include a link to each account if possible.

   LinkedIn: https://www.linkedin.com/in/paul-roberti-80631683 
        (active)

   Facebook: https://facebook.com/paul.roberti.52 (active)

   Instagram proberti33 (deactivated)

    21. 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, committee, and subject 
matter of each testimony.

   United States Senate: Committee on Small Business and 
        Entrepreneurship: ``How Small Businesses Benefit from Smart 
        Rail Shipping Regulation;'' 115th Congress Second Session 
        (November 16, 2018).

   United States Senate: Committee on Commerce, Science, and 
        Transportation; ``Pipeline Safety in the Merrimack Valley: 
        Incident Prevention and Response'' (November 26, 2018).

   United State House of Representatives: Committee on Energy 
        and Commerce: ``State Perspectives: Questions Concerning EPA's 
        Proposed Clean Power Plan'' (September 5, 2014).

    22. Given the current mission, major programs, and major 
operational objectives of the department/agency/commission/corporation 
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 have devoted thirty years of my career to public service across 
multiple positions at the federal, state, and local level. In my 
position as Assistant Attorney General, I represented and advocated for 
citizens, ratepayers, and consumers of regulated utility service 
providers. I carried out my duties with an unwavering commitment to 
achieve just outcomes for the citizens I represented, and at the same 
time to be fair and objective in holding industry accountable to 
regulators and the public at large. These efforts were recognized and 
led the Governor to appoint me to the Public Utilities Commission in 
Rhode Island, where I served as an economic and safety regulator with 
distinction for seven years.
    During my public service career, I developed a passion for 
advancing safety of pipeline systems, which remains so important for 
the energy security and prosperity of the American people. At the 
beginning of my career, Rhode Island's energy infrastructure was in 
severe need of modernization. By working collaboratively with the 
state's natural gas distribution utilities, we developed a proactive 
plan to replace aging cast iron and leak-prone pipelines that 
represented a growing risk to public safety. That program later served 
as a model for other states across the Nation. In my leadership roles 
at the National Association of Regulatory Utility Commissioners, I 
worked steadfastly to educate and assist public utility commissioners 
across the country about the inherent risks of the pipeline systems 
entrusted to their jurisdictional stewardship, particularly with the 
lessons learned in the aftermath of multiple pipeline incidents such as 
San Bruno CA, Marshall Ml, Allentown PA, and East Harlem NY. The loss 
of life, damage to property and the environment could have, and should 
have, been prevented. The impacts from these incidents are wired into 
my sense of duty in fulfilling the functions as Administrator, should I 
be confirmed by the Senate.
    Ultimately, my work and passion for safety led me to Washington DC, 
when I was appointed to serve as Chief Counsel of PHMSA. During these 
years, I developed a deep understanding of PHMSA's mission, which 
extends beyond pipelines to the risks associated with the movement of 
hazardous materials across our highways, waterways, railroads, and 
throughout aviation. As Chief Counsel, I brought my government 
experience to ensure the government serves the public and the regulated 
industries better through vigilant protection of public safety and the 
environment. Our efforts also focused on improving the effectiveness 
and efficiency of the enforcement process across the Pipeline and 
Hazardous Materials Divisions, which was streamlined to resolve cases 
more quickly so that the government delivered the necessary level of 
regulatory certainty to operators and industry stakeholders. During my 
time at PHMSA, the agency processed over 780 enforcement cases and 
thereby eliminated a significant backlog of pending cases, some dating 
back for more than six years.
    Based on my collective experience, and in particular, my leadership 
experience during my years as Chief Counsel of PHMSA, I believe that I 
possess the knowledge, competence, and trust of agency personnel, the 
industry, and the public at large to advance the critical mission of 
protecting people and the environment from the risk of hazardous 
materials across all modes of transportation, including pipelines.
    23. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency/commission/corporation has proper 
management and accounting controls, and what experience do you have in 
managing a large organization?
    Advancing the public interest and ensuring that PHMSA's operations 
as a government agency are effective, efficient, and transparent in 
carrying out its assigned legislative mandates will always be the 
guiding principle for executing the duties and responsibilities of the 
Administrator. My career has spanned the public and private sectors, as 
well as internationally. The leadership capabilities I have developed 
during the course of my career, coupled with my substantial experience 
as former economic regulator and executive at Ernst & Young, position 
me very well to lead the agency and ensure proper fiscal management and 
internal controls.
    24. What do you believe to be the top three challenges facing the 
department/agency/commission/corporation, and why?

  1.  Striving for Zero Incidents--The top imperative for PHMSA 
        leadership is to pursue an unwavering commitment to prevent the 
        release of hazardous materials across all modes of 
        transportation. This means more than just enforcement--it 
        requires well written regulations; investment in research and 
        development of new technologies; open and direct collaboration 
        with the public and industry stakeholders; an effective 
        inspection program that ensures proper accountability and an 
        advancement of regulatory certainly to pipeline operators and 
        the regulated community; and dedication to a systemic culture 
        of safety which is best advanced through regulatory compliance 
        and the adoption of safety management systems by all regulated 
        entities.

  2.  Updating and Streamlining Regulations--The need to make 
        regulations better remains as a continuing responsibility of 
        PHMSA. Regulations should be as succinct and clear as possible. 
        They must also be updated to leverage new technologies and new 
        methods that achieve equal or greater safety outcomes, and some 
        of the time at reduced cost. The pace of technology is 
        accelerating. The development and leveraging of new detection 
        and mitigation tools are vital to the mission of eliminating 
        the risk of an accident, or in the case where an accident 
        occurs, helping to mitigate the consequences stemming from a 
        release of hazardous materials into the environment. PHMSA must 
        rise to the challenge of streamlining regulations and advancing 
        the development of new technologies that provide better 
        containment of hazardous materials.

  3.  Safety and Security: The threats to our Nation's pipeline systems 
        are significant and likely increasing. While it has taken more 
        than a century to construct the elaborate network of pipeline 
        systems that power our Nation's economy and advance the 
        American way of life, malicious actors, whether domestic or 
        foreign, could reap destruction and chaos if they were to 
        successfully mount an attack on pipeline infrastructure. I will 
        work steadfastly to ensure that PHMSA meets the growing 
        challenge of improving the safety and security of the Nation's 
        critical infrastructure by working with industry and federal, 
        state, and local partners to expose threats and eliminate 
        vulnerabilities that could be exploited by bad actors.
                   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, such as a 401(k) or pension plan.
    I participate in a defined benefit plan with the state of Rhode 
Island and in a defined contribution plan with the state of Rhode 
Island. Based on my current employer's (Ernst & Young) bonus policy, I 
may also be eligible for a performance-based bonus at the end of the 
Fiscal Year in June 2025. I will be notified of my eligibility in 
August 2025 and will forfeit the right to my bonus if I am no longer at 
Ernst & Young at the date of the bonus payout.
    These arrangements are fully described in Part 3 of my Public 
Financial Disclosure Report.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department'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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department'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. Identify any other potential conflicts of interest and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department's Designated Agency Ethics 
Official and that has been provided to this Committee. I am not aware 
of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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. Not Applicable.
                            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, an Inspector General, professional association, disciplinary 
committee, or other professional group? If yes:

  a.  Provide the name of the court, 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.
    Not Applicable
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, municipal, or foreign government entity, other than for 
a minor traffic offense? If so, please explain.
    In 1989, I was falsely charged with three misdemeanors that were 
subsequently dismissed by a state court judge.
    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. Not Applicable.
    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. Not Applicable.
    5. Have you ever been accused, formally or informally, of sexual 
assault, sexual harassment, or discrimination on the basis of sex, 
race, religion, or any other basis? If so, please explain. Not 
Applicable.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    Please see prior responses to Biographical Information and 
Qualifications: Question Nos. 7-10; 11-12; 16-18; and 21-24.
                     d. relationship with committee
    1. Will you ensure that your department/agency/commission/
corporation complies with deadlines for information set by 
congressional committees, and that your department/agency/commission/
corporation endeavors to timely comply with requests for information 
from individual Members of Congress, including requests from members in 
the minority?
    Yes, I will ensure that my office responds to such requests for 
information as appropriate.
    2. Will you ensure that your department/agency/commission/
corporation does whatever it can to protect congressional witnesses and 
whistleblowers 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.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 
                                 ______
                                 
  Addendum to the questionnaire submitted to the Senate Committee on 
 Commerce, Science, and Transportation, 119th Congress by Paul Roberti.
Upon further review, I have identified additional information that is 
responsive to the Committee's questionnaire. They are:

In the initial submission of the questionnaire, I edited some of the 
questions where supplemental requests for information were not 
applicable to me. Please see attachment to address these revisions.

A.8--Mr. Roberti's consulting firm, Greene River Advisors LLC, is 
spelled ``Greene'' on the OGE 278e and Questionnaire, and ``Green'' on 
the Ethics Agreement. In addition, the Ethics Agreement states that the 
company ceased doing business in 2021, yet Mr. Roberti states he was 
the president from 2021 to 2024.

The dates employed by the Rhode Island Division of Public Utilities and 
Carriers differs between Mr. Roberti's resume and questionnaire.

Please clarify these items, and supplement as appropriate.

The Ethics Agreement has a typo, it should read Greene not Green. 
Pertaining to the dates employed, there is a typo on the resume, it 
should read 2024 and not 2014. Updated resume is attached.

A.18--We have identified a set of remarks given by Mr. Roberti which 
were not disclosed. Please clarify this, determine if there are other 
responsive materials, and provide a supplement as appropriate. See 
Remarks on February 14, 2016--recipient of 2015 Terry Barnich Award: 
https://pubs.naruc.org/ pub/9CC790D6-AB8D-3DDA-14S1- CF9A7AA3F468

Upon my initial submission, I did not believe that the written remarks 
related to PHMSA or pipeline safety. I have updated the questionnaire 
to reflect the inclusion of these remarks,

A.19--Mr. Roberti said he had made no public statements over the last 
10 years relevant to the position for which he has been nominated. We 
have identified the following public statements from Mr. Roberti in 
2016 regarding a gas-fired power plant (http://
www.providencejournal.com/ story/news/environment/2016/06/12/ power-in-
play-new-england-losing- generators- so-how-could-burrillville-plant-
not-be- needed/l7741442007/). Please clarify this, determine if there 
are other responsive materials, and provide a supplement as 
appropriate,

Upon my initial submission, I did not believe that the cited article 
related to PHMSA or pipeline safety. I have updated the questionnaire 
to reflect the inclusion of this article.
                                 ______
                                 
               ABA PANEL ON PERFORMANCE-BASED REGULATION
Key Points:
DOT Philosophy regarding PBR:
   One critical part of this philosophy is the adoption of 
        performance-based objectives in our rules, instead of overly-
        prescriptive restrictions that inhibit innovation. Overly 
        prescriptive rules--such as rules that mandate the use of 
        established products and methods--tend to freeze in place 
        existing technology and prevent the deployment of new and 
        better solutions. By setting performance-based standards for 
        safe operations without dictating precisely how operators must 
        meet those standards, we leave private industry free to develop 
        new ways to innovative. And that preserves the incentives for 
        healthy competition and for the capital markets to invest in 
        new technology.

   49 CFR 5.5(e): ``Regulations should be technologically 
        neutral, and to the extent feasible, they should specify 
        performance objectives rather than prescribing specific conduct 
        that regulated entities must adopt.''
PHMSA Application of PBR:
   While the pipeline safety regulations can be fairly 
        characterized as a healthy mix of performance-based regulations 
        and prescriptive regulations, it is the very nature of pipeline 
        systems themselves that lends itself to performance-based 
        regulation, because every pipeline system has different 
        characteristics including age, material type, length and 
        diameter, internal pressure, type of product being transported, 
        terrain and population density along pipeline routes, among 
        other factors.

   What we don't want are prescriptive regulations that can 
        sometimes lead to a checklist mentality. We want operators to 
        take a holistic approach to evaluating and addressing the risk 
        of their systems, and to consider time-dependent safety threats 
        and interacting threats including human factors.

   Operators are primarily responsible for safety, regulators 
        can only provide oversight. Operators know their systems best 
        and the regulations need to provide some flexibility in order 
        for them to direct compliance resources to where they will 
        provide the most safety benefit. A regulator like PHMSA does 
        not have the resources to be everywhere.

   IM PBR: The pipeline integrity management regulations are 
        probably the best example of performance-based regulations. 
        They require operators to periodically perform risk 
        assessments, prioritize risks, and mitigate risks. They were 
        layered over the more prescriptive regulations that preceded 
        them as opposed to replacing them.

   The IM regulations require operators to: 1) Identify and 
        consider all relevant risks; 2) Integration of those risks into 
        the overall portfolio of risks that the operator faces to 
        understand the magnitude and importance of each new risk and 
        the interplay between those risks; and 3) Execution--Mitigating 
        those risks by adjusting operational & maintenance activities 
        and reprioritization of investment decisions.

   PHMSA's performance-based regulatory scheme provides 
        operators with substantial discretion and flexibility. However, 
        with great flexibility comes great responsibility on the part 
        of operators. Operators must have good internal management 
        procedures and strong corporate governance and the burden 
        remains on operators to execute. Risks that are not properly 
        accounted for can result in major accidents and lead to massive 
        costs for operators.

   Lest History Not Repeat Thyself: Those that do so by 
        optimizing their risk assessment and management protocols will 
        prosper, and those that don't may bear the downside 
        consequences for failing to mitigate or eliminating the risk of 
        a serious accident. One only has to look at history's wake of 
        accidents, such as Bellingham, WA; Carlsbad, NM; San Bruno, CA; 
        Marshall, MI, Refugio State Beach, CA; or most recently 
        Columbia Gas of MA.

   Ultimately, Stakeholders--the public and in particular 
        Congress must have confidence in the safety programs 
        administered by an agency. So while we seek to achieve our 
        regulatory objectives through flexible, performance-based 
        regulations, we are always cognizant bad outcomes will 
        undermine confidence in PBR in the eyes of the public and 
        Congress, which may ultimately usher in more prescriptive 
        requirements.

                                  ****
Safety Management Systems:
   Safety Management Systems will play a key role in the 
        future. The need for good corporate governance points to the 
        need for Safety Management Systems (SMS). Operators need to 
        consider systemic reinvestment in evaluating their long-term 
        performance.
ENFORCEMENT:
   Performance-based regulations can present enforcement 
        challenges. Enforcement has to provide appropriate outcomes 
        that hold operators accountable for their responsibility to 
        effectively manage pipeline assets. The process should not 
        incentivize bad outcomes in terms of safety or impacts to the 
        environment, like we saw in a relatively recent case where the 
        Fifth Circuit had the opportunity to review PHMSA's discharge 
        of enforcement obligations in the context of performance-based 
        regulations. Clearly, however, enforcement can be challenging 
        because there is always an element of judgment on the part of 
        the regulator, which may not always provide the desired outcome 
        in terms of regulatory certainty to operators.
Exxon Mobile Pegasus Pipeline Incident in Mayflower, Arkansas:
   Process-based vs. performance-based = Regulatory scheme will 
        lose confidence if negative outcomes are justified by adherence 
        to process rather than performance outcomes.

   Take a particular case re: Exxon Mobile's 2015 Pegasus 
        Pipeline spill in Arkansas--Substantial evidence showing the 
        Pegasus Pipeline was susceptible to seam failure took a back 
        seat to the operator's process, and the outcome of a major 
        spill was excused under the agency's regulatory scheme.

   Admittedly there are some odd nuances in that case given 
        that the agency had inaccurate guidance on the website that in 
        the court's view clothed the operator's decision making process 
        in in legitimacy.

   For instance, the Baker report's decision tree for 
        evaluating longitudinal seam failures presupposed that the 
        pipeline had no manufacturing defects and that operational 
        fatigue impacts were the sole and exclusive risks to the 
        pipeline.

   Let me offer a automobile example for comparison. If the 
        wheel on a car falls off ten times, and the agency's guidance 
        provides for examining lug nuts or the condition of the tire 
        itself, would the absence of any risk on those two categories 
        lead a reasonable human being to continue driving that car?

   But the outcome of that case from a public policy 
        perspective might be characterized as an instance where PHMSA's 
        performance-based regulatory scheme creates a vey false sense 
        of securing safety to the environment, perhaps an outcome best 
        characterized by Professor Coglianese as ``legitimate self 
        delusion'' on the part of regulated entities.

   And ultimately such an outcome presents the same ``fig 
        leaf'' of uncertainty that underlies a prescriptive approach to 
        standard setting--the so-called ``check the box'' mentality 
        that formed the basis for moving towards performance-based 
        regulations in the first place.

   At the end of the day, public perception matters. And the 
        perception that regulations--regardless of whether they are 
        performance-based or prescriptive--may not actually safeguard 
        the safety of the public or the environment, will undoubtedly 
        have a haunting effect on the agency's mission.
                                 ______
                                 
                  American Forest & Paper Association
                    Energy Policy Committee Meeting
                            Washington D.C.
                             April 24, 2019
    It's great to be with you here today.
    I'm probably old enough to remember when people actually thought 
that the paper business might be seriously jeopardized by the computer 
age. Remember that? It was all going to be electrons and digital memory 
instead of paper and ink. But clearly that's not how it played out.
    In fact, as I'm sure most of you know, paper production has 
increased by almost 25 percent in the last 20 years. And according to 
the Energy Information Administration, your industry now accounts for 
more than 5 percent of industrial energy consumption in the U.S. Paper 
is a much bigger business than just the stuff we put in printers and 
copy machines.
    Incidentally, I'm a lawyer; and for good or bad, I know I bear a 
heavy responsibility for supporting your industry, so I appreciate your 
sustainability efforts that encourage recycling.
    The growth in paper production has proceeded in tandem with energy 
efficiency--Over the same 20 year period, consumption has only 
increased by one percent. That's quite remarkable: Producing 25 percent 
more with only 1 percent more energy input is a feat that we all wish 
more industries could achieve.
    The energy business is never far from the headlines, because energy 
is an unavoidable input cost for every form of economic activity. The 
impact to per capita GDP growth would be very substantial if we were 
all sitting around in the dark, shivering in winter and sweating in the 
summer.
    I now have more than a year under my belt at PHMSA, but I've been 
shoulder-deep in the world of power, energy, and public utilities for a 
lot longer. Those worlds are rapidly changing these days in so many 
different ways, which I'd like to talk about this morning.
    PHMSA's safety mission, is ``to protect people and the environment 
by advancing the safe transportation of energy and other hazardous 
materials that are essential to our daily lives.''
    PHMSA has only about 530 employees to face the challenges posed by 
the vast network of 2.7 million miles of regulated pipelines and the 
ubiquitous transit of 1.2 million hazardous materials shipments across 
this country every passing day.
    And those challenges just seem to keep on increasing--because the 
strong economic picture and energy abundance we are witnessing, create 
a powerful combination to bring investment in energy infrastructure and 
economic growth.
    Perhaps with the exception of my home town region in New England, 
more pipelines are being built to bring oil and gas resources from 
production to demand centers, placing greater demands on PHMSA and the 
industry to ensure that the design, construction and operation of those 
facilities are done safely and comply with Federal standards.
    Technology and innovation are at heart of these developments. For 
the Department of Transportation and its nine modal administrations 
(including PHMSA), innovation is one of the pillars underpinning our 
mission. Of course, safety is the highest priority, but innovation, 
along with infrastructure and accountability, represent the other three 
pillars.
    Let me start with safety. 99.9997 percent of hazardous materials 
make it to their intended destinations safely. But even at that rate, 
we experienced 285 significant incidents in 2018, which led to 8 
fatalities in the pipeline sector. 90 percent of these were related to 
distribution systems, which is not surprising since 80 percent of the 
Nation's pipelines are distribution, and thus regulated by the States.
    For those who have met our Administrator, Skip Elliott, you know 
his vision is zero incidents. Getting to zero incidents is not easy--
and it relies not just on good operators deeply committed to a culture 
of safety, but it also requires leaning on the other three pillars--
technology and innovation; infrastructure; and accountability.
    Technology brought us the shale gas revolution which will make the 
United States the largest producer of oil and gas in the world, with 
new and expanding production techniques. The growth in production is 
fueling the development of liquefied natural gas export facilities, and 
is partly driven by the reforms we achieved with the signing of a new 
Memorandum of Understanding with the Federal Energy Regulatory 
Commission that provides for a more logical assignment of roles and 
responsibilities between the two agencies during the licensing process 
for new LNG terminals. The new approach is helping to streamline the 
review process, and not only brings efficiencies, but also introduces 
much needed regulatory certainty to applicants navigating the process. 
These efforts are bolstering America's status as a net exporter of LNG 
to more than 34 countries around the globe. And this number will 
continue to grow.
    Our work factors directly into the Administration's most important 
foreign policy strategic objectives by allowing America's natural gas 
to be liquefied and exported to nations around the world who 
desperately need a more diversified and secure set of energy resources.
    Our efforts are tipping the geo-political balance in favor of 
Eastern European nations who are trying to decrease their current 
dependence on imported natural gas from Russian pipelines. For 
Caribbean island nations, it will mean access to clean burning natural 
gas to power electric generation, as opposed to relying on distillate 
fuels from Venezuela.
    The numbers involved are truly astounding. A single LNG export 
facility can deliver an economic impact of $10 billion or more per 
year, and strong demand from the Asia-Pacific region looks to likely 
drive those numbers even higher over time.
    New technologies promise to accelerate change even more, such as 
autonomous vehicles, drones, and magnetic levitation hyperloop trains. 
It paints a dramatic picture of change and opportunity, and it is 
coming at us fast.
    At PHMSA and across DOT, we are making strong efforts to refine our 
vision by incorporating new technologies into regulation, like the 
recent plastics rule that will bring superior pipeline products all the 
while reducing construction costs.
    We are combing through all the regulations to update and remove 
outdated ones that have not kept pace with technological advancements. 
But we will make no move unless we are convinced by clear and 
convincing data that our efforts will not compromise safety--the first 
and foremost pillar underpinning our mission.
    But none of it can happen without the second pillar--infrastructure 
and investment. Investment in basic infrastructure that is less 
susceptible to the pace of technology, must occur--like roads and 
bridges--and of course pipelines, which may have been manufactured from 
materials that are now deemed high risk.
    You all know what I'm talking about--cast iron and bare steel 
distribution systems. Great progress has been made--cast iron 
infrastructure has declined by almost half in the past decade, and 20 
or more States have eliminated it all together.
    That cause, crystallized by the tragic incidents in San Bruno, CA 
(2010), Allentown, PA (2011) and East Harlem, NY (2012), ultimately 
brought me to Washington DC, with a slight (2 year) detour south of the 
border from here--Mexico. These accidents make it clear that investment 
must be systematic--with operators gathering essential data and making 
compelling presentations to economic regulators on the one hand; and 
regulators making the courageous decisions to increase utility rates to 
recover those costs, on the other hand.
    That's the heart of the regulatory compact that still remains the 
envy of the world--it brings regulatory certainty, confidence to the 
financial community, and ultimately guarantees affordable, reliable 
utility services to the American public. Maintaining the highest level 
of safety--and getting as close as possible to a ``zero-incident'' 
vision--is a small additional price to pay.
    That brings me to last pillar--Accountability.
    Much of the current regulatory construct depends upon the industry 
to continuously assess the integrity of their pipeline systems; to 
identify risk; and ultimately to prioritize investments that guarantee 
operation of safe and secure systems. The same is true for the power 
sector.
    The safety regulatory construct under Federal law provides great 
flexibility to the industry. But let me say this: With great 
flexibility comes great responsibility. Today's technologies of inline 
inspection capabilities are providing operators with better tools to 
evaluate integrity--but the enforcement cases crossing my desk 
demonstrate that those technologies still have a long way to go. They 
are not perfect, which is why PHMSA spends millions of dollars each 
year in research and development initiatives with universities.
    Integrity management protocols are not a generic binder to be 
housed on a shelf. They are a living document that chronicles the life 
of the asset until it is either retired or replaced. Operators have to 
be held accountable for what they do--or don't do--with integrity 
management.
    There's simply no alternative, since for the Nation's energy 
infrastructure to grow and meet our domestic and global strategic 
needs, the public will demand the highest level of safety and 
protection of the environment, as we know from reading about the 
growing opposition to pipeline projects across the country.
The Nexus between Safety and Security
    I want to close on a subject that was recently the topic of a 
technical conference at FERC--the security of our Nation's energy 
delivery infrastructure. PHMSA's mission may be safety, but you can 
never really separate safety from security. I think the TSA 
Administrator, David Pekoske, said it best at FERC two weeks ago--
``safety and security are two sides of the same coin.''
    Security has two components: Physical and cyber threats 
characterized by the actions of bad actors; with the second component 
being reliability as measured by supply and delivery capabilities, and 
of course planning for system contingencies.
    Earlier this year, the Director of National Intelligence released 
the Worldwide Threat Assessment, and what was notable was the growing 
emphasis on identified threats from China. China now has the capability 
to launch cyber-attacks that could cause disruptive effects on critical 
infrastructure--``such as disruption of a natural gas pipeline for days 
to weeks--in the United States.''
    Aside from this risk, on the reliability side, there were a number 
of recent incidents on pipeline systems in Minnesota, Michigan and my 
home state of Rhode Island where more than 6,000 customers lost gas 
service on a cold January day just a few months ago.
    Those incidents are drawing attention to the fact that system 
resiliency is being stretched thin in some parts of the country. Demand 
for natural gas is growing both for heating and power generation; 
utilization on some systems is maxed out; and in some cases, there were 
few or no contingencies for maintaining gas supply to customers.
    There's simply no reason for not having adequate pipeline capacity 
to meet the forecasted demands on the system. That goes equally for the 
need to plan for operational contingencies in the same manner we do for 
the electric transmission system. And there's no excuse for not 
connecting new customers who desire natural gas service in States like 
New York and Massachusetts, where local utilities have been forced to 
enact moratoriums on new connections.
    But when you marry the conventional reliability risk to the 
physical and cyber security components, we undoubtedly find ourselves 
in a very precarious position, particularly in light of the clear and 
growing interdependency between the gas and electric sectors. Given the 
current threat assessment, we clearly need to plan for what we are 
going to do in the event systems go down due to the malevolent acts of 
third parties, something that goes far beyond our current efforts of 
establishing information sharing platforms.
    So, safety and security go hand in hand, and the consequences can 
often be the same. You've probably heard me ask this before--what do 
the San Bruno, CA pipeline tragedy and Midwest Black-Out (2003) have in 
common? Besides both being avoidable, they both resulted in eight 
fatalities.
    Those tragic incidents could pale in comparison to what could 
happen if we experienced a well-coordinated cyber-attack on pipeline 
systems. So, let's be ready; let's continue to work together; and let's 
make the necessary investments now.
    Thank you again for the opportunity to speak today. I'm happy to 
answer any questions.
    Recently, a lot of headlines have been about the so-called Green 
New Deal, which was a proposal put together by Representative 
Alexandria Ocasio-Cortez and Senator Ed Markey. It wasn't quite ready 
for prime-time, and when Senate Majority Leader Mitch McConnell put it 
to a vote in the upper chamber, it failed to receive a single Yes vote.
    That proposal was, even according to its authors, meant to be 
``aspirational.'' But at PHMSA, we are thinking always about the future 
of energy in America, and we know that the future is happening right 
now, coming at us one second, minute, hour, and day at a time. Dealing 
with that, planning for it, making sure it happens safely, equitably, 
and profitably is not really about ASPIRATION; it is about INSPIRATION 
and PERSPIRATION, about strategic thought and good old-fashioned hard 
work.
    I'd like to update you all today on what issues we are thinking 
about at PHMSA that might impact your business, and how we're working 
to keep America's energy sector safe and efficient. As a regulatory 
agency, PHMSA is striving to adapt to a rapidly changing landscape in 
the industries we regulate.
    First, there is the re-emergence of the United States as a global 
leader in energy production. Someday soon, this Nation will be a net 
energy exporter for the first time in almost 70 years. Much of that is 
driven by new technologies in gas and oil production--and the since the 
P in our name stands for Pipelines, PHMSA is very much part of that 
picture. The 2.8 million miles of pipelines that we regulate underpin 
the entire domestic energy picture--and soon they will also need to 
support a growing export market, all while maintaining the highest 
possible standards of safety. We are working hard to adapt to that 
development.
    The PHMSA adaptation story is not only about greater production and 
transporting products to markets through more pipelines and export 
facilities. The pipeline system is also being asked to do more today 
than in the past, because of the rise power plants fired by Liquid 
Natural Gas.
    Keeping these plants supplied is causing an unprecedented 
integration of the pipeline system with the power grid--which in turn 
gives rise to a whole new set of regulatory issues related to 
reliability, redundancy, and points of potential vulnerability to 
threats ranging from severe weather events to deliberated physical or 
cyber-based attacks.
    Before coming to PHMSA a little over a year ago, my background was 
largely focused on the power grid. [INSERT HERE BRIEF SYNOPSIS OF THAT 
BACKGROUND]
    I mentioned that the pipeline grid is becoming more integrated with 
that power grid--and that is something that I spend some time thinking 
about, because I believe that LNG still has a room to grow considerably 
as a source of electric power, which will affect every power-intensive 
industry in many ways, some a lot more predictable than others.
    At PHMSA, we are preparing for those changes in the landscape of 
what we regulate. We recently signed an MOU with the Federal Energy 
Regulatory Commission designed to streamline and expedite processes for 
licensing and approval of LNG facilities. Under that agreement, PHMSA 
will certify that planned facilities will meet operational safety 
requirements. The idea is that we can, by providing that technical 
expertise, assist the FERC in these endeavors--because we have reached 
the point where approval of such facilities is often the limiting 
factor in using LNG to make meeting our energy needs safer, more 
reliable, more efficient, and less expensive.
    The impact to your business of such developments is likely to be 
complicated. LNG has advantages over other forms of energy production. 
It is cleaner than coal or oil, and also safer to transport. It is more 
reliable than wind or solar, which only produce when sun shines and 
wind blows--and battery technology is still too cumbersome for these 
production methods to be without backup systems.
    The prospects for increased production of LNG, with modern 
techniques, is good; but as infrastructure to support that gets built 
out, there is likely to be more competition for supply. How those 
dynamics shake out in terms of price is difficult to predict; but it is 
likely that a new equilibrium on that question could take some time to 
reach.
    As LNG integrates more into the power grid, PHMSA has to think 
differently to assess and mitigate risks that attend that. We are 
addressing new questions that the integration points up:

   Where are the risk inflection points? (Bottlenecks) If a 
        certain section of pipe supplies a power station on which a 
        large population depends, failure in that section has more risk 
        that might require different safety protocols. In addition to 
        risk of accident, these risks include deliberate sabotage by 
        terrorists or other bad actors. Strategies for mitigating this 
        risk might include hardening of the assets, or installation of 
        redundant pipeline routes through which supply could be quickly 
        diverted.

   Who might pose an active, deliberate threat? Assessing the 
        threat of deliberate attack begins with an idea of what 
        individuals or organizations might undertake such a plan, and 
        how they might conceive of sabotage if they did.

   How much information is available to potential bad actors? 
        Protecting against deliberate attack is very different from 
        guarding against accidental system failure. For example, PHMSA 
        has long encouraged Voluntary Information Sharing strategies, 
        on the theory that more information known by more people 
        committed to safety will ALWAYS be better. But when considering 
        deliberate attack, every piece of information shared must be 
        assessed for the danger of it falling into the wrong hands. 
        Wider sharing of information inherently undermines operational 
        security regarding potential vulnerabilities.

    PHMSA's mission is to protect people and the environment by 
advancing the safe transportation of energy and other hazardous 
materials that are essential to our daily lives. LNG is becoming more 
essential to daily life, and so our thinking about the infrastructure 
that gets it safely to market must evolve.
    So I'm looking forward to enjoying some questions and answers, and 
to learning more from all of you here about the paper business and its 
exposure to energy markets, and also to other things that PHMSA 
regulates, such as paper-based products that are used for packaging 
various types of hazardous materials for transport. Thanks again for 
the opportunity to be here today.
                                 ______
                                 
    In a time of rapid growth and change, Safety is about Imagination
    EIA (source)--yellow highlight [Paragraphs below are highlighted in 
yellow]
    The pulp, paper and printing sector accounted for 5.6 percent of 
industrial energy consumption in 2014. Though its share of industrial 
energy use has been in decline since 2000, the sector continues to be 
among the top industrial energy consumers, and can play an important 
role in the transition to a low-carbon energy system.
    Despite production growth, the sector's energy use must decline by 
0.8 percent and direct non-biomass CO2 emissions by 17 
percent by 2025 from 2014 levels to meet the 2DS.
Recent trends
    Annual production of paper and paperboard has increased by 23 
percent since 2000 (FAO, 2016), with growth in demand for household and 
sanitary papers due to rising populations and incomes, and rising 
packaging material needs for shipping of consumer goods. These trends 
have offset reduced demand for printing and writing papers in an 
increasingly digital age. The share of wood pulp in paper production 
has decreased over time, from 52 percent in 2000 to 43 percent in 2014 
(FAO, 2016), as rates of waste paper recovery and recycling continue to 
improve.
    Fossil fuels, which are primarily used for onsite utilities, 
accounted for 42 percent of total energy consumption in 2014. 
Decarbonising these utilities by switching to lower-carbon fuels could 
have an important impact.
    Pulp and paper production has a high share of biomass in its energy 
consumption, due to the use of by-products. For each tonne of kraft 
process pulp,\3\ an estimated 19 gigajoules (GJ) of black liquor is 
produced, which can be used for steam and electricity generation. 
Sawdust, wood chips and other wood residues (called ``hog fuel'') are 
also generally burned on site. An estimated 0.7 GJ to 3.0 GJ of hog 
fuel is produced per tonne of wood pulp.
Tracking progress
    The sector's energy use has grown only 1 percent since 2000, 
despite a 23 percent increase in paper and paperboard production, which 
points to a decoupling of growth in energy use and production. However, 
structural effects, such as shifts in product mix or regions of 
production, can also influence energy use, and data quality issues make 
it difficult to draw concrete conclusions about the energy intensity 
trends.
    Recovery and recycling of waste paper have steadily been 
increasing. The utilisation of recovered paper in the total fibre 
furnish grew to 55.3 percent in 2014, up from 44.3 percent in 2000 and 
33.9 percent in 1990. This trend is envisioned to continue, growing to 
57.6 percent in the 2DS by 2025.
    Research on innovative processes for pulp and paper manufacturing 
has continued to identify opportunities for decarbonisation. The 
Confederation of European Paper Industries (CEPI), for example, led an 
initiative called the Two Team Project, which brought together 
researchers to identify the most promising breakthrough technologies 
for decarbonisation, in an example of collaborative and open R&D. New 
concepts identified through this project will require additional 
research and funding to bring to scale.
    Tracking of energy efficiency improvements in pulp and paper 
manufacturing is difficult, because publicly available data on 
production, capacity and energy use are limited. Additionally, some 
countries do not report biomass use for the pulp and paper sector, 
which makes it difficult to get an accurate picture of the sector's 
energy needs.
Recommended actions
    Through 2025, the sector should continue to focus on improving 
energy efficiency, moving towards BAT-level performance and increased 
recycling, while also supporting R&D efforts to develop future 
processes and technologies.
    In the longer term, the sector can also contribute to sustainable 
energy supply, for example, by feeding excess heat and electricity into 
the grid. The concept of pulp mills as integrated bio-refineries that 
produce low-carbon energy commodities, including biofuels for 
transport, from black liquor alongside their pulping activities is 
gaining traction, and several pilot projects are under way. The sector 
also has the opportunity to contribute some negative emissions by 
capturing biogenic CO2 emissions. Similarly, new 
applications for pulp and paper products may contribute to product 
life-cycle CO2 emissions reductions, for example, through 
improved packaging or fibre-based textiles. Private- and public-sector 
stakeholders should collaborate to ensure the necessary framework of 
incentives is put in place to encourage such strategic and systemic 
thinking.
                                 ______
                                 
Source: ``Green America's Better Paper Project''--green highlight 
        [Paragraphs below are highlighted in green]
    The pulp, paper and printing sector accounted for 5.6 percent of 
industrial energy consumption in 2014. Though its share of industrial 
energy use has been in decline since 2000, the sector continues to be 
among the top industrial energy consumers, and can play an important 
role in the transition to a low-carbon energy system. Despite 
production growth, the sector's energy use must decline by 0.8 percent 
and direct non-biomass CO2 emissions by 17 percent by 2025 from 2014 
levels to meet the 2DS.
Recent trends
    Annual production of paper and paperboard has increased by 23 
percent since 2000 (FAO, 2016), with growth in demand for household and 
sanitary papers due to rising populations and incomes, and rising 
packaging material needs for shipping of consumer goods. These trends 
have offset reduced demand for printing and writing papers in an 
increasingly digital age. The share of wood pulp in paper production 
has decreased over time, from 52 percent in 2000 to 43 percent in 2014 
(FAO, 2016), as rates of waste paper recovery and recycling continue to 
improve.
    Fossil fuels, which are primarily used for onsite utilities, 
accounted for 42 percent of total energy consumption in 2014. 
Decarbonising these utilities by switching to lower-carbon fuels could 
have an important impact.
    Pulp and paper production has a high share of biomass in its energy 
consumption, due to the use of by-products. For each tonne of kraft 
process pulp,\3\ an estimated 19 gigajoules (GJ) of black liquor is 
produced, which can be used for steam and electricity generation. 
Sawdust, wood chips and other wood residues (called ``hog fuel'') are 
also generally burned on site. An estimated 0.7 GJ to 3.0 GJ of hog 
fuel is produced per tonne of wood pulp.
Tracking progress
    The sector's energy use has grown only 1 percent since 2000, 
despite a 23 percent increase in paper and paperboard production, which 
points to a decoupling of growth in energy use and production. However, 
structural effects, such as shifts in product mix or regions of 
production, can also influence energy use, and data quality issues make 
it difficult to draw concrete conclusions about the energy intensity 
trends.
    Recovery and recycling of waste paper have steadily been 
increasing. The utilisation of recovered paper in the total fibre 
furnish grew to 55.3 percent in 2014, up from 44.3 percent in 2000 and 
33.9 percent in 1990. This trend is envisioned to continue, growing to 
57.6 percent in the 2DS by 2025.
    Research on innovative processes for pulp and paper manufacturing 
has continued to identify opportunities for decarbonisation. The 
Confederation of European Paper Industries (CEPI), for example, led an 
initiative called the Two Team Project, which brought together 
researchers to identify the most promising breakthrough technologies 
for decarbonisation, in an example of collaborative and open R&D. New 
concepts identified through this project will require additional 
research and funding to bring to scale.
    Tracking of energy efficiency improvements in pulp and paper 
manufacturing is difficult, because publicly available data on 
production, capacity and energy use are limited. Additionally, some 
countries do not report biomass use for the pulp and paper sector, 
which makes it difficult to get an accurate picture of the sector's 
energy needs.
Recommended actions
    Through 2025, the sector should continue to focus on improving 
energy efficiency, moving towards BAT-level performance and increased 
recycling, while also supporting R&D efforts to develop future 
processes and technologies.
    In the longer term, the sector can also contribute to sustainable 
energy supply, for example, by feeding excess heat and electricity into 
the grid. The concept of pulp mills as integrated bio-refineries that 
produce low-carbon energy commodities, including biofuels for 
transport, from black liquor alongside their pulping activities is 
gaining traction, and several pilot projects are under way. The sector 
also has the opportunity to contribute some negative emissions by 
capturing biogenic CO2 emissions. Similarly, new 
applications for pulp and paper products may contribute to product 
life-cycle CO2 emissions reductions, for example, through 
improved packaging or fibre-based textiles. Private- and public-sector 
stakeholders should collaborate to ensure the necessary framework of 
incentives is put in place to encourage such strategic and systemic 
thinking.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                                                  
                                 ______
                                 
    Remarks of Paul Roberti, Chief Counsel, Pipeline and Hazardous 
   Materials Safety Administration To the 41st Annual Conference and 
           Exposition of the Dangerous Goods Advisory Council
                          Baltimore, Maryland
                            October 30, 2019

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 

    Good morning, and thank you for inviting me here today. It is a 
pleasure to be among this group of dedicated professionals, who all 
contribute to the excellent safety record of hazardous materials 
transportation in America.
    I've been at PHMSA for just over a year and a half, but my 
experience with regulated industries goes back more years than I like 
to admit. Since coming to PHMSA, I have been impressed with the 
tireless commitment to safety that I have seen across an enormous 
number of companies and organizations, including the Dangerous Goods 
Advisory Council.
    As PHMSA's Chief Counsel, I oversee four divisions of attorneys--
two focused on the laws surrounding pipeline safety and hazardous 
materials, one dealing with regulatory affairs, and another division 
that provides the agency with general legal advice and representation.
    PHMSA is a small agency with a lot of responsibility. America is 
home to 2.8 million miles of pipelines, enough to wrap around the Earth 
110 times. On the HazMat side, PHMSA regulates shipments of hazardous 
materials--1.2 million of them every day. That works out to about 14 
shipments per second.
    So, we keep busy. The context of PHMSA's work touches a lot of 
important industries, vital to the economic health of the country. A 
large and rapidly growing number of things are powered by lithium 
batteries, as you all know; the healthcare industry depends on timely 
and safe shipments of radio-pharmaceuticals; and of course, the booming 
business of energy production is an engine that is powering economic 
growth throughout every sector of the economy.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    All of this activity is the object of PHMSA's mission--which, 
formally stated, is to protect people and the environment by advancing 
the safe transportation of energy and other hazardous materials that 
are essential to our daily lives.
    We begin to meet that mission by setting the rules for pipeline 
operation and hazardous materials transportation. I have been involved 
in regulated, energy-related industries for longer than I admit in 
public, and I am committed to getting the hard work of regulation done 
right--in a way that ensures better safety outcomes, and also enables 
the regulated industries to thrive.
    At the end of September, PHMSA transmitted to the Federal register 
three final rules, all of which closed long-standing Congressional 
mandates, in a single day. It was a remarkable achievement. In my 
experience, such an achievement by a government agency is usually 
associated with pigs flying, or hell freezing over.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    So we are holding up our end on the regulatory side. But our 
Administrator, Skip Elliott, is a self-admitted safety zealot, and he 
often points out that PHMSA's regulatory activities are unlikely to 
deliver everything we seek, which is to get to zero safety incidents. 
Regulation is the core of our mission. Regulations that define minimum 
standards are important, but even if they are perfectly conceived and 
flawlessly enforced regulations, they alone will not bring us to our 
goal of zero incidents.
    I know this audience is full of people with both a desire to 
maximize safety and a great deal of expertise to contribute to that 
effort. Constant vigilance and diligence by millions of individuals, 
including everyone in this room, in necessary to ensure the each 
component of the supply chain operates safely. One message I want to 
leave you with is that now is not time to let off the gas pedal in that 
pursuit.
Regulatory Reform
    PHMSA, like every other Federal regulatory agency today, is 
pursuing an agenda of regulatory reform designed to make a growing body 
of regulations more efficient and responsive to changes in the 
industries that they regulate.
Enforcement
    A great deal of my time as Chief Counsel is spent focused on 
enforcement of the rules. When violations are identified, my office has 
the task of ensuring, through due diligence and due process, that 
appropriate penalties are assessed.
    That function has a lot in common with many other things that 
government does. In my years observing and participating in regulated 
industries, I know that one of the things that businesses and their 
stakeholders want most from government is predictability, transparency 
and efficiency. These words coalesce to form something that is very 
important to the industry--regulatory certainty. Good government means 
that as public servants, we need to provide regulatory certainty so 
that the many, many decisions that business leaders must make are not 
compromised by regulatory surprises.
    In the last year, the Department of Transportation issued 3 
significant orders to guide its 8 operating administrations including 
PHMSA, with regard to rulemaking, use of guidance, and enforcement 
procedures. Most of the changes are common sense measures to ensure 
fairness, transparency and to guarantee notice and public input before 
adopting regulatory measures that increase burdens or costs on 
industry. In the context of enforcement, the changes are intended to 
promote fairness and due process. Most are common sense and resemble 
the notion of good government.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Within PHMSA, we took it one step further by embarking on a program 
of Process Improvement Initiatives, or PIIs, designed to identify ways 
that the agency can perform its own work more efficiently, or in ways 
that will contribute to more positive safety outcomes. One of those 
recently completed focused specifically on what happens after an 
inspection identifies a problem. PHMSA informs the operator with an 
NOPV--A Notice Of Probable Violation.
    Right now, the process of follow-through on these NOPVs is far 
slower than it should be if we are to have hope of enforcement having a 
meaningful effect on behavior. When an operator contests the finding 
and requests a hearing, the time to a final order is almost two full 
years. Even uncontested violations take almost nine months to process.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Such a lengthy separation between identification of a problem and 
the penalty or remediation simply makes no sense. No jurisdiction in 
America gives you nine months to pay a speeding ticket--partly because 
if they did, the compliance rate would go down, and the prospect of 
tickets actually deterring people from speeding would go down even 
further.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Now, pipeline violations can be a lot more technical and 
complicated than speeding tickets--but the point remains that too much 
delay undermines the purpose of inspections and NOPVs, which is to 
encourage operators to work diligently to avoid compliance issues in 
the first place.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The PII task force in this case drafted a plan that will cut these 
lag times by 50 to 70 percent. It consists of assigning timeframes for 
each step of the process, and holding reviewers accountable to that 
schedule. I am looking forward to the implementation of this plan, and 
to the greater accountability and efficiency that it promises. That 
implementation is already mapped out with specific dates for various 
stages of the process.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    In other areas of PHMSA, I advise on legislation. Our pipeline re-
authorization bill is under consideration on Capitol Hill. I wish I had 
more to report to you there. I know that the bill that we offered was a 
good one; but I also know that in the current political atmosphere, 
anything related to energy is destined to cause some partisan 
wrangling. We will just have to see where that process leads.
    I also had the opportunity to work on a Memorandum of Understanding 
with the Federal Energy Regulatory Commission, which has greatly 
improved the permitting process for new Liquefied Natural Gas (LNG) 
facilities. The MOU taps the expertise of PHMSA personnel for 
certifying the safety aspects of these facilities, and in about a year 
it has already resulted in 13 Letters of Determination necessary for 
the development to proceed.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    We are not done yet. As this slide shows, there are already five 
more sites, three in Louisiana and two in Alaska, on which PHMSA has 
begun its work toward ensuring that permits are appropriate. Natural 
gas is a large component of the resurgence of American energy 
production, and transportation infrastructure has begun to be a 
limiting factor on that encouraging economic development. The resource 
also sometimes displaces energy usage of coal, and it burns much more 
cleanly, so from that perspective it is also an environmental 
improvement.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    I'd like to say a few things about the importance of natural gas to 
the future of American economic and national security. America has 
returned to the status of a net energy exporter, which is a very 
positive development for both our economic well-being and for our 
national security. PHMSA is proud to be part of that, and happy to lend 
its expertise to the FERC to ensure that it continues.
    Speaking of LNG, PHMSA has worked hard to implement the elements of 
President Donald Trump's Executive Order, issued on April 10, 2019, 
calling for a rulemaking that would treat LNG the same as other 
cryogenic liquids, and permit it to be transported in approved rail 
tank cars. Such transportation is necessary for LNG to reach both 
domestic markets and export facilities--which benefits both the economy 
and the environment, as clean-burning natural gas replaces more carbon-
intensive energy sources.
    Thank you.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 
                                 ______
                                 
                         THE ESSENTIAL ROLE OF 
                  STATE ENGAGEMENT IN DEMAND RESPONSE

         Anne Hoskins* and Paul Roberti**
---------------------------------------------------------------------------

    \*\ Commissioner, Maryland Public Service Commission.
    \**\ Commissioner, Rhode Island Public Utilities Commission.
    This Article reflects the authors' personal views and is not 
intended to represent the views of their respective Commissions. Arnell 
Limberry and Todd Bianco provided legal and regulatory research and 
support in developing this article.
---------------------------------------------------------------------------
                              Introduction
    In writing the majority opinion for the United States Supreme Court 
in Federal Energy Regulatory Commission v. Electric Power Supply Ass'n 
(``EPSA''),\1\ Justice Elena Kagan reaffirmed ``cooperative 
federalism'' as an essential mechanism for competitive electricity 
markets in the 21st century.\2\ With technological advancements 
providing opportunities for cleaner and less costly electricity 
production and use, there is no bright line preventing state utility 
commissions and the Federal Energy Regulatory Commission (``FERC'') 
from working in concert to advance a more efficient electricity system.
---------------------------------------------------------------------------
    \1\ 136 S. Ct. 760 (2016).
    \2\ Id. at 780.
---------------------------------------------------------------------------
    As Justice Kagan explained, ``The [Federal Power] Act makes Federal 
and state powers `complementary' and `comprehensive,' '' so that 
``there [will] be no `gaps' for private interests to subvert the public 
welfare.'' \3\ However, she also recognized that the statutory 
divisions of power between FERC and states generate ``a steady flow of 
jurisdictional disputes because--in point of fact if not of law--the 
wholesale and retail markets in electricity are inextricably linked.'' 
\4\
---------------------------------------------------------------------------
    \3\ Id. (citing Fed. Power Comm'n. v. La. Power & Light Co., 406 
U.S. 621, 631).
    \4\ Id. at 766.
---------------------------------------------------------------------------
    The EPSA decision is a defining moment in evolution of competitive 
electric markets. It reinforces FERC's authority to ensure that any 
reliance on markets as a substitute for traditional cost-of-service 
regulation should employ market designs that promote greater 
participation in the wholesale marketplace, regardless of whether the 
participation takes the form of electricity production or 
alternatively, a practice like demand response (``DR''). As the 
decision illustrates, DR is a product that can provide value in both 
capacity and energy markets, and at both the wholesale and retail 
levels. It can bolster reliability and lower costs for consumers. While 
FERC Order 745 specifically addressed the role and compensation of DR 
in wholesale energy markets,\5\ it had significant implications for 
capacity markets.\6\ To understand the impact of the EPSA decision, one 
must consider DR's origin and the role it has played in serving 
consumers.
---------------------------------------------------------------------------
    \5\ See generally Demand Response Compensation in Organized 
Wholesale Energy Markets, Order No. 745, 134 FERC  61,187 (Mar. 15, 
2011).
    \6\ See Amended Complaint of FirstEnergy Service at 9-10, 
FirstEnergy Serv. Co. v. PJM Interconnection, LLC (FERC 2011) (No. 
EL14-55-000).
---------------------------------------------------------------------------
               I. Why Is Demand Response So Significant?
    Understanding the physical characteristics of electricity helps to 
explain DR's origin in the electric industry. Electricity is unlike any 
other commodity; electrical energy travels at rates approaching the 
speed of light and its production must closely match consumer demand, 
which is constantly changing from moment to moment. As a result, the 
interconnected system of high-voltage power lines requires near 
instantaneous balancing of supply and demand, or else the voltage of 
the system can collapse and not only cause blackouts, but also do 
damage to generators and to consumers' energy-using equipment. DR 
resources are ``dispatchable'' and controllable resources, whereby 
consumers agree to reduce their demand when needed in exchange for 
compensation. Given the potentially dire consequences of a supply 
shortage during periods of high demand, it is easy to understand the 
strategic value of decreasing demand deliberately in order to maintain 
reliability.\7\
---------------------------------------------------------------------------
    \7\ See Order Conditionally Accepting Changes to NEPOOL Market Rule 
1, 106 FERC  61,190 (Feb. 27, 2004); Letter from David T. Doot, 
Counsel, New England Power Pool to Magalie Roman Salas, Secretary, FERC 
(Dec. 23, 2003), https://perma.cc/ CNM7-P6FP.
---------------------------------------------------------------------------
    In ISO New England, DR came into existence in an effort to provide 
short term solutions to serious reliability problems in the southwest 
Connecticut region, where load was high, generation was inadequate, and 
transmission solutions remained years away.\8\ In December 2003, ISO 
New England conducted a competitive solicitation to find solutions, and 
the most cost-effective and reliable solutions were DR resources. The 
performance of the DR resources, coupled with ISO New England's growing 
confidence in using DR for addressing reliability challenges, marked 
the birth of large-scale DR in New England.
---------------------------------------------------------------------------
    \8\ See Order Conditionally Accepting Changes to NEPOOL Market Rule 
1, 106 FERC  61,190 (Feb. 27, 2004); Letter from David T. Doot, 
Counsel, New England Power Pool to Magalie Roman Salas, Secretary, FERC 
(Dec. 23, 2003), https://perma.cc/ CNM7-P6FP.
---------------------------------------------------------------------------
    Today, DR competes for market share as a capacity resource in ISO 
New England's Forward Capacity Market and in PJM's Reliability Pricing 
Model capacity market. Both capacity markets procure resources three 
years in advance of deployment. DR resources receive capacity market 
payments during a designated capacity year because they are available 
to be reduced and can be used as a control room resource. If they are 
called to perform, the DR resources must reduce demand commensurate 
with the amounts cleared in the market. As a capacity resource, the 
number of hours a year that DR resources are activated has been few, 
but their operational value is significant. DR allows system operators 
to quickly replenish reserves to maintain system reliability and avoid 
North American Electric Reliability Corporation (``NERC'') violations, 
and in direr situations, can assist in preventing blackouts. DR has 
proven to be an effective resource in maintaining system reliability.
                        II. Action at the States
    The Supreme Court's affirmation of DR in wholesale markets 
highlights the importance of effective and nimble regulation at both 
the state and Federal levels. State commissions set retail rates, 
adjudicate consumer complaints, and hold distribution utilities 
accountable if the lights go out and remain out for too long. DR is a 
critical tool in our regulatory toolbox to protect the public interest. 
The D.C. Circuit's ruling\9\ vacating FERC Order 745 threatened to 
disable this tool, with serious implications for consumers as well as 
DR suppliers. While PJM and the PJM Market Monitor proposed alternative 
``demand-side'' options that may have allowed a continued role for DR 
in the wholesale markets, it would have required additional action by 
states and load-serving entities and there was no certainty that this 
approach would work as effectively as maintaining DR on the supply 
side.\10\
---------------------------------------------------------------------------
    \9\ EPSA v. FERC, 753 F.3d 216 (D.C. Cir. 2014).
    \10\ Order Rejecting Tariff Revisions 150 FERC  61,251 para. 32 
(2015) (``Moreover, we are concerned that PJM's proposal introduces 
uncertainties that may exceed those it seeks to avoid, particularly 
with respect to potential unanticipated spillover effects on state 
programs and private sector arrangements. We find that, on balance, 
PJM's filing is premature and therefore reject it.'').
---------------------------------------------------------------------------
    In the post-EPSA world, there is no longer any lingering 
uncertainty about the dual rights of FERC and the states to continue to 
develop policies that encourage DR. At the retail level, many states 
are pursuing policies that leverage wholesale markets to optimize the 
societal value of DR. For instance, in Maryland, the Public Service 
Commission (``MDPSC'') approved utility DR offerings as part of its 
EmPOWER program, seeking to achieve a fifteen percent reduction in 
demand between 2008 and 2015.\11\ Since 2009, Maryland utilities 
collectively achieved 1,743 MW of demand reduction through EmPOWER 
programs, serving to offset critical summer and winter peak loads.\12\
---------------------------------------------------------------------------
    \11\ Pub. Serv. Comm'ns of Md., The EmPOWER Maryland Energy 
Efficiency Act Standard Report of 2014, 1 (2014) (noting the EmPOWER 
Maryland Act's declared a state goal of achieving a 15 percent 
reduction of both per capita energy consumption and per capita peak 
demand by 2015).
    \12\ In the Matter of Potomac Edison Co., 323 P.U.R.4th 239 (2015).
---------------------------------------------------------------------------
    Maryland authorizes its state-regulated utilities to sell 
aggregated DR commitments into FERC-regulated wholesale markets and use 
the proceeds to help finance incentives for participating customers. 
Had the D.C. Circuit decision stood, a considerable amount of DR 
resources would have been at risk, reducing the revenues earned from 
the PJM capacity market.\13\ Those revenues annually defray up to $66.5 
million in costs, covering twenty-eight percent of the program 
costs.\14\ The EPSA decision enables Maryland to continue to maximize 
the positive economic and societal effects of its DR programs by 
participating in the wholesale markets.
---------------------------------------------------------------------------
    \13\ Brief for Guarini Center on Environmental, Energy and Land Use 
Law at New York University School of Law as Amicus Curiae Supporting 
Petitioners, FERC v. EPSA, 136 S.Ct. 760 (2015) (Nos. 14-840, 14-841) 
(citing Letter from Martin O'Malley, Governor of Maryland, to Jon 
Wellinghoff, Chairman, FERC Docket No. RM10-17-000 (May 12, 2010)).
    \14\ Protest of Md. Pub. Serv. Comm'n at 4, FERC Docket No. ER15-
852-000 (Feb. 13, 2015).
---------------------------------------------------------------------------
    Maryland utilities have used their EmPOWER DR programs to improve 
reliability during peak use times, with DR playing a critical role in 
the PJM market during the ``Polar Vortex'' of 2014. On January 21, 
2014, BGE and Pepco service territories lost 1,783 MW of generation 
capacity.\15\ On the next day, PJM called and received ninety-eight 
percent of the expected DR resources in those service territories.\16\ 
Through this cooperative funding and regulatory mechanism, Maryland, 
PJM, and FERC protected and advanced the public interest.
---------------------------------------------------------------------------
    \15\ PJM Interconnection, Analysis of Operation Events and Market 
Impacts During the January 2014 Cold Weather Events 35 (2014).
    \16\ Id. at 38 (Figure 25).
---------------------------------------------------------------------------
    Rhode Island is harnessing DR to complement local efforts aimed at 
deferring distribution upgrades and eliminating local constraints. The 
Rhode Island Commission approved National Grid's 2015-2017 Energy 
Efficiency and System Reliability Procurement Plan, under which 
National Grid will further incorporate ``non-wires alternatives'' 
including DR in its transmission and distribution planning process. A 
pilot is testing whether DR can help manage local distribution capacity 
requirements during peak periods.\17\ DR can increase the cost-
effectiveness of those programs, while reducing long term peak demand.
---------------------------------------------------------------------------
    \17\ FERC Assessment of Demand Response & Advanced Metering Staff 
Report 27 (2015) (citing Rhode Island Public Utility Commission, In Re: 
The Narragansett Electric Company d/b/a National Grid's 2015-2017 
Energy Efficiency and System Reliability Procurement Plan, Order No. 
21781, Docket No. 4522 (Dec 19, 2014)).
---------------------------------------------------------------------------
    Post-EPSA, states have a range of options to further DR's growth. 
Where deployed, smart meters can enable customers to monitor their time 
of electricity use and change their usage patterns, particularly in 
response to real-time price signals. Maryland authorized smart meter 
deployments for four utilities beginning in 2010.\18\ FERC noted in its 
December 2015 Demand Response & Advanced Metering Staff Report that 
``8.7 million advanced meters were installed and operational between 
2012 and 2013, resulting in advanced meters representing almost 38 
percent of all meters in the United States.'' \19\ With growing access 
to data about electricity usage, data analytics offer the potential to 
spur more DR at both the retail and wholesale levels.
---------------------------------------------------------------------------
    \18\ In the Matter of Baltimore Gas and Electric Company For 
Authorization To Deploy A Smart Grid Initiative And To Establish A 
Surcharge For The Recovery Of Cost, 283 P.U.R.4th 165 (2010).
    \19\ See FERC Assessment, supra note 17, at 1.
---------------------------------------------------------------------------
    Except for the largest customers, however, barriers to robust DR 
participation still exist. Where smart meters have been deployed, there 
is often resistance to employing dynamic pricing at the retail level. 
Wholesale prices emanating from energy markets that fluctuate day-to-
day and hour-by-hour are not usually synchronous with the rates set by 
state regulators, which for many customers are fixed for long intervals 
(typically six months) in order to promote rate stability. Dampened 
price signals make it harder to promote load reductions that could be 
monetized at either the retail or the wholesale level. However, these 
barriers would have stood higher had the Supreme Court ruled against 
the ability for DR to be sold as a resource into wholesale markets.
       III. Continuing DR Challenges Call for Cooperative Action
    Notwithstanding the EPSA decision, DR is facing headwinds at the 
wholesale level due to capacity market rule changes that were approved 
by FERC in 2015.\20\ The New England region suffered tremendous price 
volatility during the winters of 2013-14 when natural gas pipeline 
capacity into the region was constrained\21\ and gas-fired generators 
could not perform during peak demand periods, despite some resources 
presumably having received capacity payments in exchange for the 
obligation to perform when needed.\22\ Electric energy costs increased 
approximately $3.8 billion across the region over the two-year period 
from 2012 to 2014.\23\ This experience supported changes in the 
capacity market design called ``Pay-for-Performance'' in New 
England.\24\ Similarly, the Polar Vortex gave rise to a PJM proposal 
called ``Capacity Performance'' (``CP'') that adjusts the compensation 
of resources to reflect their overall availability throughout all hours 
of the year, rather than just their seasonal capability.\25\
---------------------------------------------------------------------------
    \20\ PJM Interconnection, LLC et. al, Order on Proposed Tariff 
Revisions, 151 FERC  61,208 para. 22 (Jun. 9, 2015).
    \21\ See generally Press Release, ISO New England, 2013 Wholesale 
Electricity Prices in New England Rose on Higher Natural Gas Price 
(Mar. 18, 2014), https://perma.cc/ TH9G-H27X.
    \22\ In filing for its proposed Pay-for-Performance changes to the 
FCM, ISO-NE presented expert testimony documenting $647 million in 
Capacity Payments paid between June 2010 to November 2013 to a group of 
resources representing fifteen percent of the Net Installed Capacity 
requirement for the 2013/2014 commitment period. The resources 
provided, on average, only seventeen percent of their Capacity Supply 
Obligation during scarcity conditions during the period. The problem 
could have been mitigated, but unlikely eliminated, by the 2013/2014 
Winter Reliability Program. See Testimony of Matthew White on Behalf of 
ISO New England, Inc. at 23-24, Order on Tariff Filing and Instituting 
Section 206 Proceeding, FERC Docket No. ER14-1050-000 (Jan. 17, 2014), 
https://perma.cc/ E6ZK-9JVU.
    \23\ ISO New England, 2016 Regional Electricity Outlook 22 (2016), 
https://perma.cc/ B8FP-JLAS.
    \24\ See Letter from Maria Gulluni, Deputy General Counsel, ISO New 
England, Inc., & Eric K. Runge, New England Power Pool Participants 
Committee, to Kimberly D. Bose, Secretary, FERC (Feb. 29, 2016), 
https://perma.cc/ B7CU-J34N.
    \25\ PJM Interconnection, PJM Capacity Performance Proposal 8-10 
(2014).
---------------------------------------------------------------------------
    Under the New England market rule changes, which take effect in 
2018, all market participants will need to monitor system conditions 
and make every effort to perform by providing energy or reserves 
whenever scarcity conditions arise. Otherwise, their capacity market 
compensation will be clawed back and reallocated to those resources 
that performed when needed.\26\ Similarly, PJM's CP mechanism defines 
capacity as an annual concept and penalties can be assessed for 
nonperformance during any hour of the year.\27\ Since a significant 
portion of DR relies on controlling cooling load, those types of loads 
cannot perform well outside of the summer. By 2020 when CP is fully 
implemented, this could have serious implications for the quantity of 
DR offered into the capacity markets.
---------------------------------------------------------------------------
    \26\ Letter from Jennifer Wolfson, Regulatory Counsel, ISO New 
England, Inc., to Kimberly D. Bose, Secretary, FERC (Nov. 3, 2014), 
https://perma.cc/ W2HT-DTAY.
    \27\ PJM Interconnection, PJM Capacity Performance Proposal 26 
(2014).
---------------------------------------------------------------------------
    The market rules allow seasonal resources to form an aggregated 
offer so as to provide year-round capability but it is not yet clear 
how useful the aggregation option will be. For example, the excess 
winter capability of an energy efficiency program consisting of 
lighting measures can combine with the summer capability of a DR 
program consisting of air conditioning control to provide an amount of 
capacity year-round. In New England's most recent Forward Capacity 
Market auction, a total of 2,746 MW of demand resources cleared as 
capacity resources. Of that amount, 371 MW were new resources.\28\ Most 
of the existing and new resources comprise energy efficiency and other 
``passive demand resources,'' which can meet the assigned capacity 
obligation during all hours of the year.\29\
---------------------------------------------------------------------------
    \28\ See generally Press Release, ISO New England, Finalized 
Capacity Auction Results Confirm 10th FCA Procured Sufficient 
Resources, at a Lower Price, for 2019-2020 (Feb. 29, 2016), https://
perma.cc/ 3DLD-EBRX.
    \29\ See generally Letter from Kevin Flynn, Senior Regulatory 
Counsel, ISO New England, Inc., to Kimberly D. Bose, Secretary, FERC 
(Feb. 29, 2016), https://perma.cc/ MBS3-268E; Mariah Winkler, 
Supervisor, Technical Studies, ISO New England, Inc., Presentation at 
NEPOOL Reliability Committee Meeting: Forward Capacity Auction #10 (FCA 
#10)--2019/2020 Capacity Commitment Period Results Summary & Trends 6 
(Mar. 23, 2016), https://perma.cc/ TXH8-RKLS.
---------------------------------------------------------------------------
    In approving PJM's CP proposal to phase out existing limited and 
extended summer DR programs and accept only annual commitments from DR 
providers, FERC noted that ``the vast majority of Demand Resources are 
available to PJM during the summer peak season only, with Limited 
Demand Response available for 10 days and for a maximum of 6 hours a 
day.'' \30\ The statement reflects the quandary that RTOs face with 
respect to market design. A capacity resource is needed whenever there 
is a shortage or scarcity condition, which can occur at different times 
of the day and year. Given the same economic availability, a year-round 
resource is more useful and valuable to the system than a limited 
resource because it has greater technical availability. However, we 
know from our experience with the Polar Vortex that DR with limited 
availability can be highly valuable as well.
---------------------------------------------------------------------------
    \30\ PJM Interconnection, LLC et. al, Order on Proposed Tariff 
Revisions, 151 FERC  61,208 para. 43 (Jun. 9, 2015).
---------------------------------------------------------------------------
    Indeed, it was primarily the non-performance of traditional 
capacity resources during cold and warm weather operations--generators 
that were expected to be available year-round--that exposed the need 
for capacity market changes in New England and PJM.\31\ Moreover, the 
U.S. Department of Energy reports multiple shutdowns, curtailments, and 
requests for special operations due to over-warm cooling water 
temperatures, and notes such events could have an increased impact 
resulting from global climate change.\32\ The recognized economic value 
of a capacity resource to the system does not account for environmental 
or societal costs and benefits that may align with other state and 
Federal policies. The challenge facing the RTOs/ISOs and Federal and 
state regulators is how to value DR accurately so it remains a market 
resource.
---------------------------------------------------------------------------
    \31\ For example, ISO New England Whitepaper explains three 
concerns motivating the creation of forward capacity markets pay-for 
performance incentives. The second concern enumerated is the increasing 
reliance on natural gas-fired generation and the ``just in time'' 
nature of natural gas delivery, which can lead to operating day 
inadequacies. ISO New England, FCM Performance Incentives 2 (2012), 
https://perma.cc/ 9ECB-X6QL.
    \32\ See U.S. Dep't of Energy, U.S. Energy Sector Vulnerabilities 
to Climate Change and Extreme Weather 2 (2013), https://perma.cc/ N3FR-
FF9Q.
---------------------------------------------------------------------------
    While FERC initially rejected arguments from states and consumer 
organizations about the importance of retaining DR as a capacity 
resource,\33\ PJM is now supporting a ``problem statement'' which could 
lead to the establishment of two capacity products--a summer product 
and a winter product, which would allow summer load to get some value 
from winter load control as a capacity resource.\34\ Environmental 
organizations and DR providers are urging FERC to reconsider its 
approval of the CP tariff and to facilitate a solution that will keep 
DR as an effective tool for improving reliability during summer and 
winter peak periods.\35\
---------------------------------------------------------------------------
    \33\ PJM Interconnection, LLC v. PJM, LLC, Order on Proposed Tariff 
Revisions 151 FERC  61,208 para. 62 (June 9, 2015) (``Joint Consumers 
and Rockland argue that there are cost savings associated with these 
summer peaking resources and that a mix of resource types, including 
Limited Demand Response, Extended Summer Demand Response, and peaking 
generation resources, is appropriate to meet PJM's expected peak load 
service obligations.'').
    \34\ PJM Interconnection, PJM Capacity Performance Proposal 8-15 
(2014).
    \35\ Supplement to Rehearing Request of Public Interest 
Organizations at 2, FERC Docket No. ER15-623-000 (July 9, 2015).
---------------------------------------------------------------------------
    While the EPSA decision confirms that DR can be compensated in the 
wholesale electric markets, there is still work to be done: DR 
providers can strive to become more available by improving their 
technical and economic capabilities and aggregating resources; and 
FERC, states, RTOs/ISOs and stakeholders can continue to refine the 
market design so that both active and passive demand resources receive 
compensation that fully reflects their value to the system.
                               Conclusion
    Some may read Justice Kagan's opinion as an expansion of Federal 
jurisdiction at the expense of state power, but we see it otherwise. As 
National Association of Regulatory Utility Commissioners President 
Travis Kavulla noted after the Court's decision, ``the coordination of 
Federal and state initiatives offers the best way to assure the full 
benefits of demand response are delivered to customers.'' \36\ Through 
cooperative regulation and policy, DR can continue to play a critical 
role in supporting the provision of affordable and reliable electricity 
through our evolving energy markets.
---------------------------------------------------------------------------
    \36\ Press Release, Nat'l Ass'n of Regulatory Util. Comm'rs, NARUC 
President Kavulla Reacts to High Court's Ruling in Landmark Demand-
Response Case (Jan. 25, 2016).
---------------------------------------------------------------------------
                                 ______
                                 
        National Association of Regulatory Utility Commissioners
                            Committee on Gas
                          Scottsdale, Arizona
                             July 16, 2018
NARUC Role
   I want to thank you for your efforts--as you know, your work 
        ensures that the vast majority of pipelines in our Nation 
        operate safely. Not only that, but many of you are proactive in 
        going above and beyond our minimum Federal safety requirements 
        to address your state-specific pipeline safety needs.
Infrastructure and Damage Prevention
   Thanks to your efforts, we've seen the number of states with 
        some form of accelerated infrastructure cost recovery program 
        rise to 41.

   21 states have eliminated cast or wrought iron in their 
        natural gas distribution systems.

   Because damage to pipelines during excavation is a leading 
        cause of serious pipeline incidents involving fatality or 
        injury, the promotion of 8-1-1 is a top priority for PHMSA.

   August 11--811 Day--is coming up and I know we will have 
        many exciting outreach activities.

   Data shows that States with effective enforcement of their 
        One Call law have lower damage rates and improved safety, and 
        that more 811 exemptions lead to more incidents.

   We need your help to take a look at the State level to 
        bolster the enforcement of damage prevention laws and reduce 
        811 exemptions.
PHMSA Support
   We also provide training, guidance, and oversight to state 
        programs:

     Our Training & Qualifications Center provides state 
            pipeline inspectors with the Nation's only specialized 
            training for understanding and applying Federal pipeline 
            safety regulations and standards incorporated by reference.

     Our training includes in-depth classroom training and 
            expanded outdoor/lab areas to provide inspectors with 
            hands-on opportunities to experience actual field 
            scenarios.

     In addition to hands-on training, TQ offers 
            comprehensive online training modules to keep inspectors 
            current on provisions of new and revised regulations, 
            national consensus standards, interpretations, relevant 
            research and development, and noteworthy practices.

     TQ continues to revamp and update curriculum, 
            including rolling out new curriculum for Underground Gas 
            Storage facilities.

   PHMSA also has an active mentoring program for state 
        inspectors. In the last 2 years, 31 State Inspectors have taken 
        advantage of the program encompassing approximately 190 
        mentoring hours. PHMSA continues to encourage states to 
        participate in our mentoring program to improve inspector 
        skillsets through observing peers conduct inspections and 
        benefitting from feedback from experienced inspectors.

   All in all, our PHMSA employees spent well over 7600 hours 
        last year working directly with state pipeline safety programs 
        supporting pipeline safety.
Regulatory Review and Updates
   One of my goals at PHMSA is to make our rulemaking process 
        move more quickly and efficiently.

   We appreciate NARUC's participation in our processes, and we 
        look forward to your continued support as we work to advance 
        our regulatory goals.

   Like many other issues before us, PHMSA's regulatory agenda 
        is part of an ongoing regulatory review pursuant to the 
        Executive Orders issued last year by the White House.
SMS
   At PHMSA, we are strongly promoting the implementation of 
        Safety Management Systems, both internally and for our other 
        pipeline stakeholders.

   We understand that there is no one-size-fits-all method for 
        creating an SMS program; the implementation varies from 
        operator to operator, and from state to state.

   Our experience has taught us that a pipeline operator is 
        only as good as its weakest link or least-informed division, 
        whether that is a part of the operator or a contractor. This is 
        where SMS can have the greatest impact, reaching all levels of 
        an organization--including its contractors--and helping to 
        ensure a safety culture is pervasive and all-encompassing.

   We are seeing a lot of commitment from industry to 
        voluntarily implement SMS, so I encourage you to look for those 
        efforts from the operators in your state. If you see operators 
        requesting rate adjustments for cost recovery of SMS 
        implementation, remember that SMS can help operators manage the 
        multiple facets of pipeline safety, fundamentally changing day-
        to-day operations by incorporating a focus on safety into every 
        aspect of pipeline management.
Technology
   I'm proud of the R&D work we've accomplished so far at 
        PHMSA--funding 270 projects, bringing 27 new technologies to 
        market, and refining our overall systematic process and sub-
        processes via ongoing review of program effectiveness.

     PHMSA has also funded the following projects in recent 
            years applicable to cast iron and liners to support their 
            rehabilitation until such times that they can be replaced.
                                 ______
                                 
            Iowa Utilities Board Pipeline Safety Conference
                            Des Moines, Iowa
                           February 26, 2019
Introduction
    First, I want to thank Nick Wagner for the invitation to be here 
today to speak to you about what we're doing at PHMSA to advance our 
shared mission to promote pipeline safety.
Pathway to Washington DC
    I was sworn in by Secretary Elaine Chao as Chief Counsel about one 
year ago.
    PHMSA's Administrator, Howard ``Skip'' Elliott, is a tremendous 
leader with deep industry experience, who along with Secretary Chao, 
are relentless about safety and executing our government 
responsibilities with the utmost efficiency and accountability.
Trip Down Memory Lane
    After the San Bruno, CA disaster in 2010, and then Allentown, PA 
explosion in early 2011, the national focus on pipeline safety and aged 
infrastructure became a centerpiece of Federal and state policy. Those 
two incidents took the lives of 13 innocent victims.
    The Transportation Secretary at the time, Ray LaHood, issued a 
``Call to Action'' to industry and States to modernize the Nation's 
pipeline infrastructure, and in particular, high risk systems like bare 
steel and cast iron, which were far too old to breed the public's 
continued confidence that industry and regulators were doing enough to 
safeguard the public. At that point, our 2.6 million-mile pipeline 
system had about 51,000 miles of bare steel and 36,000 miles of cast 
iron, along with much more in the way of service lines.
    At the NAPSR Annual Meeting in Springfield, Illinois four years 
ago, I spoke in my capacity as Chairman of NARUC's Subcommittee on 
Pipeline Safety, and remarked about my visit to the Lincoln library, 
where I was able to add context to the age of some of these systems. It 
was there I learned that the oldest components of the system I 
regulated in Rhode Island were put in the ground when Abraham Lincoln 
was still the proverbial ``country lawyer''--1848.
    My visit to Springfield wasn't long after the East Harlem, 
explosion in New York, which leveled two buildings and killed 8 people. 
It was March 12, 2014, and I happened to be here in Santa Fe when it 
was revealed that Con Ed's cast-iron system was installed in 1887--126 
years old.
    I reached for a coin that I had purchased earlier that morning at 
the ``open air'' market in the parking lot right next door to this 
resort. I knew there was something about that date that struck me. It 
turned out that this coin happened to have been minted the same year 
Con Ed's system went into the ground--1887.
    However, unlike currency, the value of a 130-year-old system is 
clearly not the same, especially when you factor in the risk that 
something could go wrong. And it wasn't the only antiquated system 
lying beneath the streets of East Harlem--the cast iron water mains 
were also installed in 1887, and the brick-lined sewers in 1873.
    The patchwork of system repairs, replacements, and defective 
workmanship created a perfect storm of interactive threats that caused 
a T-service fusion weld to separate from the main, allowing gas to 
migrate and fill the basement of building before the spark and ensuing 
explosion destroyed the building.
    In January, we had the explosion in Brooklyn, NY that injured five 
people--it was a cast iron made that cracked after a frost heave. In 
February of this year, Atmos Energy's wrapped steel mains were leaking 
in a Dallas neighborhood, and the last of three houses that exploded 
claimed finally claimed the life of a 12-year-old girl. There were 
early warnings signs there as well.
    And then, of course, one month ago, the Merrimac Valley of 
Massachusetts became ground zero after Columbia Gas failed to reconnect 
sensing lines, leading to an over pressurization of the system that 
cause 131 fires, one fatality, and destruction or significant property 
damage to more than 20 structures. Indeed we were lucky--it could have 
been far, far worse than San Bruno.
    And you all know the irony of this latest incident--it happened as 
a result of a robust replacement program, except that we witnessed a 
major failure in execution. The fallout from this incident will (and 
should) affect all of us. Because it, like all of the other ones I just 
described, had one thing in common--they were all avoidable, plain and 
simple.
    Let be clear about something--I'm not saying that we don't have a 
safe pipeline system in this country. 99.9 percent of the products 
moving through pipelines reach their final destination safely. And we 
have made great strides in replacing leak prone systems--the combined 
inventory decreased approximately 30 percent since San Bruno and 
Allentown brought the necessary awareness about the need for action.
    But despite our efforts, we still have 36,000 miles of bare steel 
pipe and 24,000 miles of cast iron, which collectively will take more 
than twenty years to eliminate. Under that timeframe, the last section 
of pipeline in my hometown Capital of Providence may be 188 years old 
when it is finally removed. That gives me great pause and should do the 
same for everyone--especially the operator.
    Understandably, there are real-world logistical and economic 
consequences that we must contend with, such as contractor 
availability, operator supervision, impacts to roadways and public 
works departments, and lastly, rate impacts to consumers. Yet, if we 
don't have a robust pace, and if economic regulators (i.e. 
commissioners) don't have the fortitude to raise rates for 
infrastructure upgrades, the public safety risks will continue to haunt 
us.
    Iowa is one of 21 States that no longer have cast iron systems. 41 
States have some form of rate mechanism that provides for timely 
recovery of capital investments.
    For system operators that derive their revenues from regulated 
rates, there is always a question about need and justification for rate 
increases. I always say that utilities carry the fundamental obligation 
to make compelling presentations to regulators about need for capital 
investment, particularly as it relates to safety.
    But I also believe that you all can play an important role in the 
ratemaking dialogue. You all possess the knowledge and expertise to 
advise economic regulators about the safety of the system and aid the 
process of prioritizing investments. I can tell you from experience 
that in many States, way too much money is spent to prioritize 
investments in other areas--like expensive renewables, grid 
modernization, etc.
    My message is simple: Investments for safety can never take a back 
seat in the regulatory process. Regulators need to consult you about 
the needs of the system, especially as it relates to safety. You are 
the soldiers on the battlefield conducting inspections and keeping your 
pulse on the condition of systems, the effectiveness of utility 
supervision over contractor crews, and everything else that troubles 
you.
    Make sure that you report back to the Commissioners or those who 
are in charge. As someone who has worked in government for more than 25 
years, sometimes you have to tell the Emperor about proper attire, if 
you know what I mean. That reality exists in each your States, and I 
can tell you it sometimes exists in Washington DC as well.
    Commissioners may come and go, but the risks of maintaining a safe 
and reliable system are constant. So, do your part to educate your 
leaders so that they fully understand the gravity of what is at stake. 
And every once and while let them ride shotgun with you out into the 
field so that they can see it with their own eyes and thereby advance 
their understanding about the systems they regulate, including what 
needs to be done going forward.
This is No Longer Your Father's Utility
    Now let me talk about the other side of the equation--the industry 
that we regulate.
    We clearly operate in a different environment than a couple of 
decades ago when I was cutting my teeth on NOPVs in Rhode Island, where 
we would escort the utility folks into a room, slap them on the hand, 
and substitute penalties for effective remedial actions, mostly in the 
way of increased investment and corrective operational practices.
    These are not the same utilities of today--and it's the money side 
of the equation that is driving this reality, and the risks as well. 
Let me explain why. Before the elimination of PUHCA, our utilities were 
local. They were members of the community; the management lived in your 
neighborhoods; the workers had pensions that would keep them active in 
the company for the long haul, thus maintaining a strong institutional 
memory and knowledge about the pipeline system, it's configuration, 
operational practices, and, of course, the risks of the system.
    The Board Room, like the corporate headquarters, were local. So 
were the investors--mostly of whom were people like my father, and 
local teacher/pension funds. It provided a strong accountability 
regime. After the repeal of PUHCA, which fostered the convergence of 
many gas and electric utilities across State borders, all of this 
changed--for the worse.
    The local investors were cashed out. The workers were locked out. 
The managers were ushered to the airplane doors with their golden 
parachutes, and large holding companies, many of which are foreign, 
operated the utilities remotely from out of state headquarters. Utility 
work crews were swapped out for independent contractors who could lower 
construction costs at the expense of safety. Sound familiar?
    Utilities now seem to be focused on earnings and rate cases more 
than the enterprise risks of the system and public safety. This is what 
I witnessed in my 25 years. In the aftermath of so many incidents, I 
have to question whether the regulatory construct has kept pace with 
the changes.
    I think the day has likely arrived where business as usual will not 
suffice. The airline industry is not flying 100 year-old airplanes, and 
we really should never have been placed in the present predicament of 
having to endure excessively aged infrastructure. Pipelines that were 
fully depreciated a century ago shouldn't be in service today. 
Construction execution failures like the one we witnessed in 
Massachusetts are not only avoidable, they're simply, and absolutely, 
unacceptable. And I'll go one step further and question how we could 
have contractors not asking questions about pressure sensing lines and 
controls. How could they not understand the basics of gas operations 
and proper procedures?
    One theme I think you'll hear from my colleagues at PHMSA, is that 
if you're not already doing it, we need to step up on our inspections 
and enforcement for newly constructed facilities. We need to step up 
our inspections and enforcement regarding compliance with integrity 
management protocols. Our performance-based regulatory regime provided 
the industry substantial discretion to evaluate system risks, 
prioritize investments, and balance decisions against efficiency and 
safety. But as I said last week at the New England Pipeline 
Representatives' meeting in New Hampshire, with broad discretion comes 
great responsibility.
    I think the days when incidents in the pipeline space were mere 
civil enforcement proceedings might be coming to an end as well, 
particularly after the recent criminal convictions for Plains All 
America after the 2015 Refugio pipeline rupture that released crude oil 
into the Pacific waters off Santa Barbara, CA.
    Another point: While excavation damage accounts for 30 percent of 
incidents, our analysis of enforcement data on the transmission sector 
showed that more than half of those incidents were due to mismarks by 
pipeline operators, something that is beyond the capability of 811 
public awareness campaigns.
    The bottom line is this: You all need to have a constant eye on 
what's happening out in the field. From general operations to new 
construction. If you need more resources, your principal responsibility 
is to go back to your commissioners and document the need clearly.
    We strive to provide 80 percent funding, and we are working hard to 
meet that commitment. But first comes first--you have to bring those 
inspectors on board, and your commissioners need to fully support this. 
Remember, Congress left your authority untouched. The Federal 
government respected State occupation of the field concerning 
regulation of intrastate pipeline facilities. The States possess the 
authority and responsibility to inspect and enforce--with one proviso: 
they must annually certify to DOT that they will enforce the minimum 
standards in Part 193. And remember, your State possesses the authority 
to go ``above and beyond'' the minimum standards. We are partners in 
this effort, and decisions about resources cannot be delayed or held 
hostage to the expectation of 80 percent funding from the Federal 
government. That undercuts the effectiveness of our partnership and 
compromises safety. But like I said before, we at PHMSA will continue 
to do everything to provide as close to 80 percent funding as possible.
    Lastly, if there are any problems or concerns, then please pick up 
the phone and call us! Because we are partners, and we have to meet the 
challenges together. This is an arranged marriage through a 
congressional mandate. And like with any marriage, consistent and 
timely communication is essential.
PHMSA Support--Training & Qualifications Center
    We know training is an issue, and we are going to step up our 
efforts to expedite training of new inspectors in light of the 
significant turnover we have been experiencing. The nation's pipeline 
infrastructure is expanding at a dramatic pace. On the transmission 
front alone, FERC authorized construction of 18,000 miles of pipelines 
since 2000. This Administration is turning energy abundance into a 
position of energy dominance, and using export of oil and natural gas 
to reduce trade deficits and to leverage exports to tip the 
geopolitical balance away from Russia pipeline exports to eastern 
Europe, and Venezuelan oil in Latin America and the Caribbean.
    This means oil and gas production is rising and will continue to 
rise. That will place higher demands on regulators to oversee the 
industry in the way of safety inspections. At the same time, the 
demands for qualified personnel is at an all-time high, and this means 
we have to train more and more inspectors, but at a more rapid pace. 
Alan will discuss in more detail.
Safety Management Systems
    While I wish that culture of the industry was already mature enough 
to do what safety management systems are designed to accomplish, it is 
clear that SMS is desperately needed if we are ever to achieve 
Administrator Elliott's vision of zero incidents. But we don't believe 
SMS should be embodied in a regulation. How can you mandate culture? 
How do you force people to wake up at 2 am because they are worried 
about something?
    It's our belief that operators should be voluntarily pursuing SMS 
as a formal business approach to managing safety risk, since it 
embodies a systematic approach to advancing safety throughout the 
organization, from management commitment; organizational structures, 
accountabilities, policies, and procedures; and a platform to share 
lessons learned.
    Our experience has taught us that a pipeline operator is only as 
good as its weakest link (like a contractor or utility field supervisor 
who doesn't ask or think about the location of a pressure sensor line), 
or the least-informed division, whether that is a part of the operator 
or a contractor.
    This is where SMS can have the greatest impact, reaching all levels 
of an organization--including its contractors--and helping to ensure a 
safety culture is pervasive and all-encompassing. SMS can help 
operators incorporate a focus on safety into every aspect of pipeline 
management.
Conclusion
    In closing, I want to tell you how much it means for me to be here 
today speaking to you. I made it to Washington DC because of all of 
you. You supported my efforts as a Commissioner to advance pipeline 
safety, and that ultimately led me to Washington DC where I am grateful 
to serve my nation. I believe we have an unprecedented opportunity to 
make a difference for the better. Our partnership has never been 
stronger. So let's continue to work hard together to think about how we 
can avoid tomorrow's incidents, and do everything possible to make sure 
that we have no more victims on our watch. You are such important 
players, since you stand as the interface between industry and economic 
regulators. So please continue doing everything that you can to advance 
safety and protect the public interest.
    Thank you.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 
                                 ______
                                 
        National Association of Pipeline Safety Representatives
                          2018 Annual Meeting
                          Santa Fe, New Mexico
                            October 16, 2018
Introduction
    First, I want to thank you for all your efforts to advance our 
shared safety mission.
Pathway to Washington DC
    I was sworn in by Secretary Elaine Chao as Chief Counsel in March 
of this year. Many of you know my background and how I ended up in this 
position. In fact, some of you were pivotal in helping to forge my 
pathway to Washington DC. And when I arrived there, I found an 
incredible team of professionals led by people like Alan Mayberry and 
Linda Daugherty, who I have the utmost respect for.
    PHMSA leadership now includes another stalwart from the State 
ranks--Massoud Tahamtani. PHMSA's Administrator, Howard ``Skip'' 
Elliott, is a tremendous leader with deep industry experience, who 
along with Secretary Chao, are relentless about safety and executing 
our government responsibilities with the utmost efficiency and 
accountability. It's what Alan, Massoud and I refer to as ``good 
government.''
Trip Down Memory Lane
    After the San Bruno, CA disaster in 2010, and then Allentown, PA 
explosion in early 2011, the national focus on pipeline safety and aged 
infrastructure became a centerpiece of Federal and state policy. Those 
two incidents took the lives of 13 innocent victims.
    The Transportation Secretary at the time, Ray LaHood, issued a 
``Call to Action'' to industry and States to modernize the Nation's 
pipeline infrastructure, and in particular, high risk systems like bare 
steel and cast iron, which were far too old to breed the public's 
continued confidence that industry and regulators were doing enough to 
safeguard the public. At that point, our 2.6 million-mile pipeline 
system had about 51,000 miles of bare steel and 36,000 miles of cast 
iron, along with much more in the way of service lines.
    At the NAPSR Annual Meeting in Springfield, Illinois four years 
ago, I spoke in my capacity as Chairman of NARUC's Subcommittee on 
Pipeline Safety, and remarked about my visit to the Lincoln library, 
where I was able to add context to the age of some of these systems. It 
was there I learned that the oldest components of the system I 
regulated in Rhode Island were put in the ground when Abraham Lincoln 
was still the proverbial ``country lawyer''--1848.
    My visit to Springfield wasn't long after the East Harlem, 
explosion in New York, which leveled two buildings and killed 8 people. 
It was March 12, 2014, and I happened to be here in Santa Fe when it 
was revealed that Con Ed's cast-iron system was installed in 1887--126 
years old.
    I reached for a coin that I had purchased earlier that morning at 
the ``open air'' market in the parking lot right next door to this 
resort. I knew there was something about that date that struck me. It 
turned out that this coin happened to have been minted the same year 
Con Ed's system went into the ground--1887.
    However, unlike currency, the value of a 130-year-old system is 
clearly not the same, especially when you factor in the risk that 
something could go wrong. And it wasn't the only antiquated system 
lying beneath the streets of East Harlem--the cast iron water mains 
were also installed in 1887, and the brick-lined sewers in 1873.
    The patchwork of system repairs, replacements, and defective 
workmanship created a perfect storm of interactive threats that caused 
a T-service fusion weld to separate from the main, allowing gas to 
migrate and fill the basement of building before the spark and ensuing 
explosion destroyed the building.
    In January, we had the explosion in Brooklyn, NY that injured five 
people--it was a cast iron made that cracked after a frost heave. In 
February of this year, Atmos Energy's wrapped steel mains were leaking 
in a Dallas neighborhood, and the last of three houses that exploded 
claimed finally claimed the life of a 12-year-old girl. There were 
early warnings signs there as well.
    And then, of course, one month ago, the Merrimac Valley of 
Massachusetts became ground zero after Columbia Gas failed to reconnect 
sensing lines, leading to an over pressurization of the system that 
cause 131 fires, one fatality, and destruction or significant property 
damage to more than 20 structures. Indeed we were lucky--it could have 
been far, far worse than San Bruno.
    And you all know the irony of this latest incident--it happened as 
a result of a robust replacement program, except that we witnessed a 
major failure in execution. The fallout from this incident will (and 
should) affect all of us. Because it, like all of the other ones I just 
described, had one thing in common--they were all avoidable, plain and 
simple.
    Let be clear about something--I'm not saying that we don't have a 
safe pipeline system in this country. 99.9 percent of the products 
moving through pipelines reach their final destination safely. And we 
have made great strides in replacing leak prone systems--the combined 
inventory decreased approximately 30 percent since San Bruno and 
Allentown brought the necessary awareness about the need for action.
    But despite our efforts, we still have 36,000 miles of bare steel 
pipe and 24,000 miles of cast iron, which collectively will take more 
than twenty years to eliminate. Under that timeframe, the last section 
of pipeline in my hometown Capital of Providence may be 188 years old 
when it is finally removed. That gives me great pause and should do the 
same for everyone--especially the operator.
    Understandably, there are real-world logistical and economic 
consequences that we must contend with, such as contractor 
availability, operator supervision, impacts to roadways and public 
works departments, and lastly, rate impacts to consumers. Yet, if we 
don't have a robust pace, and if economic regulators (i.e. 
commissioners) don't have the fortitude to raise rates for 
infrastructure upgrades, the public safety risks will continue to haunt 
us.
    I also recognize that not all States face this problem any longer--
21 States no longer have these vintage pipelines or have taken the 
necessary steps to replace them, and 41 States have some form of rate 
mechanism that provides for timely recovery of capital investments.
    For system operators that derive their revenues from regulated 
rates, there is always a question about need and justification for rate 
increases. I always say that utilities carry the fundamental obligation 
to make compelling presentations to regulators about need for capital 
investment, particularly as it relates to safety.
    But I also believe that you all can play an important role in the 
ratemaking dialogue. You all possess the knowledge and expertise to 
advise economic regulators about the safety of the system and aid the 
process of prioritizing investments. I can tell you from experience 
that in many States, way too much money is spent to prioritize 
investments in other areas--like expensive renewables, grid 
modernization, etc.
    My message is simple: Investments for safety can never take a back 
seat in the regulatory process. Regulators need to consult you about 
the needs of the system, especially as it relates to safety. You are 
the soldiers on the battlefield conducting inspections and keeping your 
pulse on the condition of systems, the effectiveness of utility 
supervision over contractor crews, and everything else that troubles 
you.
    Make sure that you report back to the Commissioners or those who 
are in charge. As someone who has worked in government for more than 25 
years, sometimes you have to tell the Emperor about proper attire, if 
you know what I mean. That reality exists in each your States, and I 
can tell you it sometimes exists in Washington DC as well.
    Commissioners may come and go, but the risks of maintaining a safe 
and reliable system are constant. So, do your part to educate your 
leaders so that they fully understand the gravity of what is at stake. 
And every once and while let them ride shotgun with you out into the 
field so that they can see it with their own eyes and thereby advance 
their understanding about the systems they regulate, including what 
needs to be done going forward.
This is No Longer Your Father's Utility
    Now let me talk about the other side of the equation--the industry 
that we regulate.
    We clearly operate in a different environment than a couple of 
decades ago when I was cutting my teeth on NOPVs in Rhode Island, where 
we would escort the utility folks into a room, slap them on the hand, 
and substitute penalties for effective remedial actions, mostly in the 
way of increased investment and corrective operational practices.
    These are not the same utilities of today--and it's the money side 
of the equation that is driving this reality, and the risks as well. 
Let me explain why. Before the elimination of PUHCA, our utilities were 
local. They were members of the community; the management lived in your 
neighborhoods; the workers had pensions that would keep them active in 
the company for the long haul, thus maintaining a strong institutional 
memory and knowledge about the pipeline system, it's configuration, 
operational practices, and, of course, the risks of the system.
    The Board Room, like the corporate headquarters, were local. So 
were the investors--mostly of whom were people like my father, and 
local teacher/pension funds. It provided a strong accountability 
regime. After the repeal of PUHCA, which fostered the convergence of 
many gas and electric utilities across State borders, all of this 
changed--for the worse.
    The local investors were cashed out. The workers were locked out. 
The managers were ushered to the airplane doors with their golden 
parachutes, and large holding companies, many of which are foreign, 
operated the utilities remotely from out of state headquarters. Utility 
work crews were swapped out for independent contractors who could lower 
construction costs at the expense of safety. Sound familiar?
    Utilities now seem to be focused on earnings and rate cases more 
than the enterprise risks of the system and public safety. This is what 
I witnessed in my 25 years. In the aftermath of so many incidents, I 
have to question whether the regulatory construct has kept pace with 
the changes.
    I think the day has likely arrived where business as usual will not 
suffice. The airline industry is not flying 100 year-old airplanes, and 
we really should never have been placed in the present predicament of 
having to endure excessively aged infrastructure. Pipelines that were 
fully depreciated a century ago shouldn't be in service today. 
Construction execution failures like the one we witnessed in 
Massachusetts are not only avoidable, they're simply, and absolutely, 
unacceptable. And I'll go one step further and question how we could 
have contractors not asking questions about pressure sensing lines and 
controls. How could they not understand the basics of gas operations 
and proper procedures?
    One theme I think you'll hear from my colleagues at PHMSA, is that 
if you're not already doing it, we need to step up on our inspections 
and enforcement for newly constructed facilities. We need to step up 
our inspections and enforcement regarding compliance with integrity 
management protocols. Our performance-based regulatory regime provided 
the industry substantial discretion to evaluate system risks, 
prioritize investments, and balance decisions against efficiency and 
safety. But as I said last week at the New England Pipeline 
Representatives' meeting in New Hampshire, with broad discretion comes 
great responsibility.
    I think the days when incidents in the pipeline space were mere 
civil enforcement proceedings might be coming to an end as well, 
particularly after the recent criminal convictions for Plains All 
America after the 2015 Refugio pipeline rupture that released crude oil 
into the Pacific waters off Santa Barbara, CA.
    Another point: While excavation damage accounts for 30 percent of 
incidents, our analysis of enforcement data on the transmission sector 
showed that more than half of those incidents were due to mismarks by 
pipeline operators, something that is beyond the capability of 811 
public awareness campaigns.
    The bottom line is this: You all need to have a constant eye on 
what's happening out in the field. From general operations to new 
construction. If you need more resources, your principal responsibility 
is to go back to your commissioners and document the need clearly.
    We strive to provide 80 percent funding, and we are working hard to 
meet that commitment. But first comes first--you have to bring those 
inspectors on board, and your commissioners need to fully support this. 
Remember, Congress left your authority untouched. The Federal 
government respected State occupation of the field concerning 
regulation of intrastate pipeline facilities. The States possess the 
authority and responsibility to inspect and enforce--with one proviso: 
they must annually certify to DOT that they will enforce the minimum 
standards in Part 193. And remember, your State possesses the authority 
to go ``above and beyond'' the minimum standards. We are partners in 
this effort, and decisions about resources cannot be delayed or held 
hostage to the expectation of 80 percent funding from the Federal 
government. That undercuts the effectiveness of our partnership and 
compromises safety. But like I said before, we at PHMSA will continue 
to do everything to provide as close to 80 percent funding as possible.
    Lastly, if there are any problems or concerns, then please pick up 
the phone and call us! Because we are partners, and we have to meet the 
challenges together. This is an arranged marriage through a 
congressional mandate. And like with any marriage, consistent and 
timely communication is essential.
PHMSA Support--Training & Qualifications Center
    We know training is an issue, and we are going to step up our 
efforts to expedite training of new inspectors in light of the 
significant turnover we have been experiencing. The nation's pipeline 
infrastructure is expanding at a dramatic pace. On the transmission 
front alone, FERC authorized construction of 18,000 miles of pipelines 
since 2000. This Administration is turning energy abundance into a 
position of energy dominance, and using export of oil and natural gas 
to reduce trade deficits and to leverage exports to tip the 
geopolitical balance away from Russia pipeline exports to eastern 
Europe, and Venezuelan oil in Latin America and the Caribbean.
    This means oil and gas production is rising and will continue to 
rise. That will place higher demands on regulators to oversee the 
industry in the way of safety inspections. At the same time, the 
demands for qualified personnel is at an all-time high, and this means 
we have to train more and more inspectors, but at a more rapid pace. 
Alan will discuss in more detail.
Safety Management Systems
    While I wish that culture of the industry was already mature enough 
to do what safety management systems are designed to accomplish, it is 
clear that SMS is desperately needed if we are ever to achieve 
Administrator Elliott's vision of zero incidents. But we don't believe 
SMS should be embodied in a regulation. How can you mandate culture? 
How do you force people to wake up at 2 am because they are worried 
about something?
    It's our belief that operators should be voluntarily pursuing SMS 
as a formal business approach to managing safety risk, since it 
embodies a systematic approach to advancing safety throughout the 
organization, from management commitment; organizational structures, 
accountabilities, policies, and procedures; and a platform to share 
lessons learned.
    Our experience has taught us that a pipeline operator is only as 
good as its weakest link (like a contractor or utility field supervisor 
who doesn't ask or think about the location of a pressure sensor line), 
or the least-informed division, whether that is a part of the operator 
or a contractor.
    This is where SMS can have the greatest impact, reaching all levels 
of an organization--including its contractors--and helping to ensure a 
safety culture is pervasive and all-encompassing. SMS can help 
operators incorporate a focus on safety into every aspect of pipeline 
management.
Conclusion
    In closing, I want to tell you how much it means for me to be here 
today speaking to you. I made it to Washington DC because of all of 
you. You supported my efforts as a Commissioner to advance pipeline 
safety, and that ultimately led me to Washington DC where I am grateful 
to serve my nation. I believe we have an unprecedented opportunity to 
make a difference for the better. Our partnership has never been 
stronger. So let's continue to work hard together to think about how we 
can avoid tomorrow's incidents, and do everything possible to make sure 
that we have no more victims on our watch. You are the such important 
players, since you stand as the interface between industry and economic 
regulators. So please continue doing everything that you can to advance 
safety and protect the public interest.
    Thank you.
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                      New Mexico State University
                      Center for Public Utilities
                       Current Issues Conference
                          Santa Fe, New Mexico
                             April 8, 2019
    Good Morning. It's such a pleasure for me to be here with you 
today. It's an opportunity to break away from Washington, DC 
headquarters and provide an update on the latest developments at the 
Pipeline and Hazardous Materials Safety Administration.
    I think this was always one of my favorite conference venues, not 
only because I once served as Chairman of the Advisory Council, but 
also given the high caliber of attendees; to be with my former 
commissioner colleagues and friends; in beautiful Santa Fe among the 
striking natural scenery; clear blue skies and the wonderful smell of 
mesquite in the air--all make for the perfect setting to discuss the 
important, current issues facing the energy industry.
    I now have more than a year under my belt at PHMSA, but as most of 
you know, I've been shoulder-deep in the world of power, energy, and 
public utilities for a lot longer. Those worlds are rapidly changing 
these days in so many different ways, which I'd like to talk about this 
morning.
    First, I'd like to acknowledge the work that all of you in this 
room do--which is absolutely essential to maintaining the robust energy 
supplies that drive our economy and way of life. What you do is also 
critical to PHMSA's safety mission, which is ``to protect people and 
the environment by advancing the safe transportation of energy and 
other hazardous materials that are essential to our daily lives.''
    Without the work of state Public Service Commissions, executives of 
regulated utility industries, and all others who contribute to our 
collective safety mission, an agency like PHMSA with only about 530 
employees could never hope to meet the challenges posed by the vast 
network of 2.7 million miles of regulated pipelines and the ubiquitous 
transit of 1.2 million hazardous materials shipments across this 
country every passing day.
    And those challenges just seem to keep on increasing--because the 
strong economic picture and energy abundance we are witnessing, create 
a powerful combination to bring investment in energy infrastructure and 
economic growth.
    Perhaps with the exception of my home town region in New England, 
more pipelines are being built to bring oil and gas resources from 
production to demand centers, placing greater demands on PHMSA and the 
industry to ensure that the design, construction and operation of those 
facilities are done safely and comply with Federal standards.
    Technology and innovation are at heart of these developments. For 
the Department of Transportation and its nine modal administrations 
(including PHMSA), innovation is one of the pillars underpinning our 
mission. Of course, safety is the highest priority, but innovation, 
along with infrastructure and accountability, represent the other three 
pillars.
    Let me start with safety. 99.9997 percent of hazardous materials 
make it to their intended destinations safely. But even at that rate, 
we experienced 285 significant incidents in 2018, which led to 8 
fatalities in the pipeline sector. 90 percent of these were related to 
distribution systems, which is not surprising since 80 percent of the 
Nation's pipelines are distribution, and thus regulated by the States.
    For those who have met our Administrator, Skip Elliott, you know 
his vision is zero incidents. Getting to zero incidents is not easy--
and it relies not just on good operators deeply committed to a culture 
of safety, but it also requires leaning on the other three pillars--
technology and innovation; infrastructure; and accountability.
    Technology brought us the shale gas revolution which will make the 
United States the largest producer of oil and gas in the world, with 
new and expanding production techniques. The growth in production is 
fueling the development of liquefied natural gas export facilities, and 
is partly driven by the reforms we achieved with the signing of a new 
Memorandum of Understanding with the Federal Energy Regulatory 
Commission that provides for a more logical assignment of roles and 
responsibilities between the two agencies during the licensing process 
for new LNG terminals. The new approach is helping to streamline the 
review process, and not only brings efficiencies, but also introduces 
much needed regulatory certainty to applicants navigating the process. 
These efforts are bolstering America's status as a net exporter of LNG 
to more than 34 countries around the globe. And this number will 
continue to grow.
    Our work factors directly into the Administration's most important 
foreign policy strategic objectives by allowing America's natural gas 
to be liquefied and exported to nations around the world who 
desperately need a more diversified and secure set of energy resources.
    Our efforts are tipping the geo-political balance in favor of 
Eastern European nations who are trying to decrease their current 
dependence on imported natural gas from Russian pipelines. For 
Caribbean island nations, it will mean access to clean burning natural 
gas to power electric generation, as opposed to relying on distillate 
fuels from Venezuela.
    The numbers involved are truly astounding. A single LNG export 
facility can deliver an economic impact of $10 billion or more per 
year, and strong demand from the Asia-Pacific region looks to likely 
drive those numbers even higher over time.
    New technologies promise to accelerate change even more, such as 
autonomous vehicles, drones, and magnetic levitation hyperloop trains. 
It paints a dramatic picture of change and opportunity, and it is 
coming at us fast.
    At PHMSA and across DOT, we are making strong efforts to refine our 
vision by incorporating new technologies into regulation, like the 
recent plastics rule that will bring superior pipeline products all the 
while reducing construction costs.
    We are combing through all the regulations to update and remove 
outdated ones that have not kept pace with technological advancements. 
But we will make no move unless we are convinced by clear and 
convincing data that our efforts will not compromise safety--the first 
and foremost pillar underpinning our mission.
    But none of it can happen without the second pillar--infrastructure 
and investment. Investment in basic infrastructure that is less 
susceptible to the pace of technology, must occur--like roads and 
bridges--and of course pipelines, which may have been manufactured from 
materials that are now deemed high risk.
    You all know what I'm talking about--cast iron and bare steel 
distribution systems. Great progress has been made--cast iron 
infrastructure has declined by almost half in the past decade, and 20 
or more States have eliminated it all together.
    That cause, crystallized by the tragic incidents in San Bruno, CA 
(2010), Allentown, PA (2011) and East Harlem, NY (2012), ultimately 
brought me to Washington DC, with a slight (2 year) detour south of the 
border from here--Mexico. These accidents make it clear that investment 
must be systematic--with operators gathering essential data and making 
compelling presentations to economic regulators on the one hand; and 
regulators making the courageous decisions to increase utility rates to 
recover those costs, on the other hand.
    That's the heart of the regulatory compact that still remains the 
envy of the world--it brings regulatory certainty, confidence to the 
financial community, and ultimately guarantees affordable, reliable 
utility services to the American public. Maintaining the highest level 
of safety--and getting as close as possible to a ``zero-incident'' 
vision--is a small additional price to pay.
    That brings me to last pillar--Accountability.
    Much of the current regulatory construct depends upon the industry 
to continuously assess the integrity of their pipeline systems; to 
identify risk; and ultimately to prioritize investments that guarantee 
operation of safe and secure systems. The same is true for the power 
sector.
    The safety regulatory construct under Federal law provides great 
flexibility to the industry. But let me say this: With great 
flexibility comes great responsibility. Today's technologies of inline 
inspection capabilities are providing operators with better tools to 
evaluate integrity--but the enforcement cases crossing my desk 
demonstrate that those technologies still have a long way to go. They 
are not perfect, which is why PHMSA spends millions of dollars each 
year in research and development initiatives with universities.
    Integrity management protocols are not a generic binder to be 
housed on a shelf. They are a living document that chronicles the life 
of the asset until it is either retired or replaced. Operators have to 
be held accountable for what they do--or don't do--with integrity 
management.
    There's simply no alternative, since for the Nation's energy 
infrastructure to grow and meet our domestic and global strategic 
needs, the public will demand the highest level of safety and 
protection of the environment, as we know from reading about the 
growing opposition to pipeline projects across the country.
                 The Nexus between Safety and Security
    I want to close on a subject that was recently the topic of a 
technical conference at FERC--the security of our Nation's energy 
delivery infrastructure. PHMSA's mission may be safety, but you can 
never really separate safety from security. I think the TSA 
Administrator, David Pekoske, said it best at FERC two weeks ago--
``safety and security are two sides of the same coin.''
    Security has two components: Physical and cyber threats 
characterized by the actions of bad actors; with the second component 
being reliability as measured by supply and delivery capabilities, and 
of course planning for system contingencies.
    Earlier this year, the Director of National Intelligence released 
the Worldwide Threat Assessment, and what was notable was the growing 
emphasis on identified threats from China. China now has the capability 
to launch cyber-attacks that could cause disruptive effects on critical 
infrastructure--``such as disruption of a natural gas pipeline for days 
to weeks--in the United States.''
    Aside from this risk, on the reliability side, there were a number 
of recent incidents on pipeline systems in Minnesota, Michigan and my 
home state of Rhode Island where more than 6,000 customers lost gas 
service on a cold January day just a few months ago.
    Those incidents are drawing attention to the fact that system 
resiliency is being stretched thin in some parts of the country. Demand 
for natural gas is growing both for heating and power generation; 
utilization on some systems is maxed out; and in some cases, there were 
few or no contingencies for maintaining gas supply to customers.
    There's simply no reason for not having adequate pipeline capacity 
to meet the forecasted demands on the system. That goes equally for the 
need to plan for operational contingencies in the same manner we do for 
the electric transmission system. And there's no excuse for not 
connecting new customers who desire natural gas service in States like 
New York and Massachusetts, where local utilities have been forced to 
enact moratoriums on new connections.
    But when you marry the conventional reliability risk to the 
physical and cyber security components, we undoubtedly find ourselves 
in a very precarious position, particularly in light of the clear and 
growing interdependency between the gas and electric sectors. Given the 
current threat assessment, we clearly need to plan for what we are 
going to do in the event systems go down due to the malevolent acts of 
third parties, something that goes far beyond our current efforts of 
establishing information sharing platforms.
    So, safety and security go hand in hand, and the consequences can 
be often be the same. You've probably heard me ask this before--what do 
the San Bruno, CA pipeline tragedy and Midwest Black-Out (2003) have in 
common? Besides both being avoidable, they both resulted in eight 
fatalities.
    Those tragic incidents could pale in comparison to what could 
happen if we experienced a well-coordinated cyber-attack on pipeline 
systems. So, let's be ready; let's continue to work together; and let's 
make the necessary investments now.
    Thank you again for the opportunity to speak today. I'm happy to 
answer any questions.
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   Remarks of Paul Roberti, General Counsel, Pipeline and Hazardous 
      Materials Safety Administration to The Fertilizer Institute
                          Scottsdale, Arizona
                            October 22, 2018
    Thank You for the opportunity to speak with you today here at the 
North American Fertilizer Transportation Conference about safety in the 
fertilizer industry. It is always a pleasure to meet with organizations 
like yours, because you encourage industry collaboration in our 
collective to ensure that the hazardous materials, which are an 
essential input in the manufacturing process, are handled safely and 
securely.
    Largely because of fertilizer, one of the early predictors of doom 
for mankind turned out to be wrong. In 1798, Thomas Malthus observed 
that food production increased arithmetically, while population growth 
and demand was exponential. He predicted that this dichotomy would have 
dire consequences--eventually leading to widespread famine. But it 
hasn't happened--because of the innovation your members delivered to 
the business of agriculture. And we all know that fertilizer is a very 
large part of that innovation.
    Part of what makes PHMSA an interesting and important place to work 
is the vital importance of some of the industries we regulate. There 
are a lot of hazardous materials--in fact, they are ubiquitous--from 
medical waste, to chlorine, to radioactive materials, lithium batteries 
in airplanes, to crude oil on trains, one could argue that nothing is 
more vital to the well-being of our nation and the world than the 
ability to feed people, which depends heavily on the work of your 
organization's members.
    PHMSA is first and foremost a regulatory agency. We work hard to 
execute our regulatory responsibility in a way that is smart, 
comprehensive, and responsive to all stakeholders. Industry 
organizations like the Fertilizer Institute facilitate that part of our 
job, by organizing the concerns and interests of their members, by 
serving as a consistent source for trusted information and data, and by 
helping to publicize industry initiatives on safety and environmental 
stewardship.
    In all of the industries we regulate, PHMSA strives to be 
consultative in making clear and effective rules, transparent in our 
internal operations, thorough in inspections, and consistent in 
regulatory enforcement. We rely on organizations like The Fertilizer 
Institute, and their members, to ensure that our rulemaking is done 
with a keen understanding of the challenges you face every day in your 
industry.
    Beyond that, PHMSA understands that safety requires more than mere 
regulation. ``Zero incidents'' is our ultimate goal; but it will never 
be achieved by enforcing minimum standards, even if the rules and their 
application are perfect.
    To get to zero incidents, a more comprehensive effort is needed. As 
a small agency--employing just 536 people--it is obvious that direct 
action cannot ensure the safety of 2.7 million miles of pipeline and 
2.1 billion tons of hazardous materials transports each year. For that 
reason, PHMSA is committed to the concept of leveraging our limited 
resources in order to have the greatest impact on safety. We want to 
leverage data and information; research and development; and the 
efforts and reach of partners like The Fertilizer Institute is a vital 
input into our safety mission.
    Safety is the result of many small things, of consistency and 
meticulous attention to detail. Michelangelo, an expert in this area, 
said that ``Trifles make perfection; and perfection is no trifle.''
    PHMSA works closely with multiple DOT operating administrations to 
ensure consistency in administering hazardous materials transportation 
safety programs across all modes--such as the FRA, FCMSA, FAA, etc. We 
are actively working with our counterparts at FRA to address many 
issues relevant to the safe transportation of hazmat by rail, including 
materials that pose a toxic inhalation hazard (TIH).
    These TIH materials, which include essential products, such as 
anhydrous ammonia and chlorine, are vital not only to our nation's 
infrastructure, but also to our health and safety since our water and 
food supplies depend on their safe movement. PHMSA recognizes its 
critical role as an agency that must ensure the safety of a vast 
transportation network that supports our economy and our national way 
of life.
    As an example of our close collaboration with FRA and our industry 
stakeholders, PHMSA has reviewed, analyzed, and accepted several 
petitions for consideration in upcoming rulemakings that address the 
safe transportation of materials that are toxic when inhaled. These 
petitions cover a range of issues, including: finalizing specifications 
codified in 2009 to provide certainty to the industry regarding tank 
car design and construction standards; extending the authorized service 
life for tank cars that meet improved standards from 20 to 50 years; 
and determining an appropriate timeline for phasing out rail tank cars 
that do not meet the final standard.
    PHMSA truly appreciates the wealth of expertise that the shippers 
and carriers provide to the regulatory process, as well as their 
continued commitment to build consensus on necessary safety standards. 
We are pleased to note that the Association of American Railroads (AAR) 
and several associations representing TIH shippers, including the 
American Chemistry Council (ACC), the Chlorine Institute (CI), and the 
Fertilizer Institute (TFI), have reached a general consensus with 
respect to a number of challenging policy determinations PHMSA must 
make--such as proposing a timeline for compliance with the final TIH 
tank car standard. I would specifically note the Joint comments you 
submitted on June 19, 2018, along with AAR, ACC, and CI,, advocating 
for the adoption of a mutually agreed-upon phase out date of December 
31, 2027.
    Just a few weeks ago, on September 6 leadership of each of these 
organizations came together to meet with PHMSA's senior leadership team 
to affirm their support for this new approach. At that meeting, you all 
urged PHMSA to accelerate the time-frame for completing rules--so that 
you will have certainty for the strategic investment decisions that 
must be made to advance safety. The successful collaboration of 
industry stakeholders has greatly facilitated our efforts to finalize a 
draft rule that can be issued for public notice and comment and 
published as expeditiously as possible.
    Looking ahead, we know that additional challenges remain as we work 
together with all stakeholders to build on our existing safety 
framework. We recognize the need to embrace innovative technologies and 
solutions that advance safe transportation for the benefit of the 
public. We also understand and acknowledge your need for regulatory 
certainty. As shippers and carriers of hazardous materials, you are not 
only integral to ensuring the safe transport of hazardous materials, 
but also critical to achieving our shared goal of zero incidents. With 
strong commitment, leadership, and robust stakeholder collaboration, we 
can ultimately achieve this goal.
    Thank you all for your efforts in moving us in this direction, and 
thank you the opportunity to speak with you today.
                                 ______
                                 
                          UNITED STATES SENATE
            COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP
             TESTIMONY OF PAUL ROBERTI, PHMSA CHIEF COUNSEL
                           NOVEMBER 16, 2018
    Good morning Senator Kennedy and thank you for the opportunity to 
testify today, in the great State of Louisiana, about the Pipeline and 
Hazardous Materials Safety Administration's efforts to advance the 
safety of rail tank cars transporting hazardous materials.
    On behalf of Secretary Chao and Administrator Skip Elliott, I want 
to thank you for your leadership and personal efforts to improve the 
safety of our Nation's railroad system. Safety is the number one 
priority for Secretary Chao and everyone working at the Department of 
Transportation. PHMSA's mission is to protect people and the 
environment from the risks of hazardous materials by all modes of 
transportation. We achieve this mission by creating regulations and 
carrying out a comprehensive safety oversight strategy. We advance 
education, and research and development projects, focused on enhancing 
safety and accident prevention.
    PHMSA also provides funding and training to prepare first 
responders to mitigate hazards in the unlikely event that an incident 
occurs. Our goal is to reduce risk towards zero deaths, zero injuries, 
prevent property and environmental damage, and prevent transportation 
disruptions. Tragic train accidents like Lac-Megantic, Quebec in 2013; 
Graniteville, South Carolina in 2005; and Minot, North Dakota in 2002, 
underscore the need to improve the safety of rail tank cars. We remain 
vigilant while working with industry to prevent these types of 
accidents from ever happening again.
    In the interest of time, I refer you to my written testimony which 
describes:

   PHMSA's hazardous materials safety program and its role in 
        preventing and mitigating incidents;

   Background about PHMSA's regulatory authority, and the 
        status of pending rulemakings;

   PHMSA's effort to build consensus within the regulated 
        industry and our work to modernize standards and reduce 
        regulatory burdens on small businesses; and

   PHMSA's efforts to finalize standards for rail tank cars 
        that transport hazardous materials classified as Toxic 
        Inhalation Hazards, such as anhydrous ammonia and chlorine.

    For this class of hazardous materials, we are coordinating with the 
Federal Railroad Administration to resolve a number of issues that will 
promote their safe transportation on the Nation's railroads. As you 
know Senator Kennedy, these products are essential for sustaining our 
food and water supplies, and our health and safety depend upon their 
safe transportation. As an example of our collaboration with the 
Federal Railroad Administration and the industry, PHMSA accepted a 
number of petitions for consideration in upcoming rulemakings that 
address the safe transportation of toxic hazardous materials.
    PHMSA appreciates the expertise that both the shippers and the 
carriers contribute to the regulatory process, as well as their 
commitment to build consensus on safety standards. A great example of 
consensus was the June 19, 2018 joint submission of comments by the 
shippers and carriers advocating for a mutually agreed-upon phase-out 
date of December 31, 2027 for legacy tank cars. We are pleased that 
industry reached consensus regarding this proposed date for compliance 
with the final tank car standard.
    Moreover, on September 6, 2018, industry leaders met with PHMSA's 
leadership to affirm their support for this newly achieved consensus. 
They urged PHMSA to accelerate the time-frame for completing rules that 
provide much needed regulatory certainty to guide the strategic 
investment decisions that are necessary to advance safety.
    In closing, the success of PHMSA's mission relies on continued 
collaboration with industry to build on the existing regulatory 
framework. We need to embrace innovative technologies that provide 
cost-effective solutions for improving safety, as well as continue 
taking steps to increase the level of regulatory certainty. We 
recognize that both shippers and carriers are important partners to the 
success of PHMSA's safety programs, our national economy, the State of 
Louisiana, and Port of New Orleans.
    Thank you for opportunity to testify. I look forward to answering 
any questions you may have.
                                 ______
                                 
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                                 ______
                                 
                          UNITED STATES SENATE
           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
   TESTIMONY OF PAUL ROBERTI, CHIEF COUNSEL, PIPELINE AND HAZARDOUS 
                    MATERIALS SAFETY ADMINISTRATION
               PIPELINE SAFETY IN THE MERRIMACK VALLEY: 
                    INCIDENT PREVENTION AND RESPONSE
                              LAWRENCE, MA
                           NOVEMBER 26, 2018
    Senator Markey and Senator Warren, thank you for the opportunity to 
testify about the tragic accident that occurred in Merrimack Valley on 
September 13, 2018. I would also like to thank Senator Hassan, 
Representative Tsongas, Representative Moulton, and Congresswoman-elect 
Trahan for their attendance as well.
    On behalf of Secretary Elaine Chao and Administrator Skip Elliott, 
I recognize and appreciate your efforts to advance pipeline safety. For 
Secretary Chao, Administrator Elliott and everyone working at the 
Department of Transportation, safety is our number one priority.
    PHMSA's mission is to protect people and the environment by 
advancing the safe transportation of energy and other hazardous 
materials that are so essential to our daily lives. We oversee the 
inspection and enforcement of the Nation's interstate pipeline system; 
we advance education, research and development projects; and we 
administer the State Pipeline Safety Programs in 48 States, including 
Massachusetts.
    The natural gas explosions and fires in the Merrimack Valley were 
indeed tragic and avoidable. We deeply sympathize with the family of 
the young man who lost his life, and all those who suffered injuries, 
or had their homes and property damaged or destroyed.
    PHMSA acknowledges the initiative to replace aging cast iron 
pipelines for safety reasons. In my prior role as a public utilities 
commissioner in Rhode Island just a few miles south of here, I worked 
steadfastly to advance programs to accelerate the replacement of cast 
iron and bare steel pipelines for many years, particularly in the 
aftermath of tragedies like San Bruno, CA and Allentown, PA.
    Those tragedies galvanized the effort to modernize pipeline systems 
across the Nation. Yet, despite Columbia Gas' concerted effort to 
replace aging cast iron systems, we witnessed an extraordinary failure 
in the planning, design and execution of a replacement project.
    This accident once again illustrates how critical it is for 
pipeline operators to thoroughly plan and safely execute all facets 
related to construction, maintenance and operation of pipeline 
networks.
    The written testimony that I submitted describes:

   First, PHMSA's financial support to our State partners;

   Second, the training provided to Federal and state 
        inspectors;

   Lastly, PHMSA's evaluations of state pipeline safety 
        programs.

    On the afternoon of the accident, Administrator Elliott made an 
immediate decision to deploy multiple inspectors to the scene to 
provide technical assistance to both the Massachusetts Department of 
Public Utilities and the National Transportation Safety Board. As some 
of you know personally, he also reached out to keep affected members of 
Congress apprised about PHMSA's efforts. Since the time the tragedy 
unfolded,
    PHMSA's team of experts have provided hundreds of hours of 
technical assistance, and we will continue to support Massachusetts and 
the NTSB throughout their investigations.
    A word about the State pipeline safety programs that PHMSA 
administers: The federal/state partnership with the Commonwealth of 
Massachusetts spans over 35 years. Massachusetts is a certified state 
partner, with inspection and enforcement responsibilities for 
intrastate natural gas distribution and transmission pipelines. As a 
matter of law, the Commonwealth possesses jurisdiction to investigate 
and make determinations regarding an operator's compliance with Federal 
and state regulations.
    We also recognize the NTSB's jurisdiction and expertise for leading 
the investigation and determining the probable cause of this tragic 
accident. While the NTSB's preliminary report identified circumstances 
that likely contributed to the over-pressurization during the pipeline 
replacement project, PHMSA eagerly awaits the completion of both 
investigations so that we have all requisite information concerning the 
cause of the incident and operator's compliance with pertinent 
regulations.
CLOSING
    In closing, PHMSA expects pipeline operators to comprehensively 
understand their systems, including the design, construction, and 
operation of all facilities. Moreover, we expect operators and 
qualified subcontractors to exercise extreme care and diligence in 
every aspect of their work, and above all, to nurture and maintain a 
safety culture that promotes the highest level of safety, so that 
tragic pipeline accidents like the Merrimac Valley disaster never 
happen again.
    Thank you again for the opportunity to testify. I look forward your 
questions.

    The Chairman. Thank you very much.
    Mr. Barrs, let us start with you. Today, the United States 
has reciprocity with Mexico and Canada such that all three 
countries recognize each other's commercial driver licenses. 
The State of Texas and the Texas Trucking Association have 
flagged that drivers with fraudulently issued Mexican CDLs are 
coming into the U.S. These drivers may not actually have the 
experience to drive safely on the roads and could potentially 
be violating U.S. cabotage laws.
    Mr. Barrs, can you discuss your views on this issue? And if 
confirmed, will you work with me and my office to fix this 
problem?
    Mr. Barrs. Senator, thank you for the question. Safety is 
paramount, as we have discussed earlier with my career in law 
enforcement, making sure that all safe--are all drivers are 
safe on our roadway, but ensuring that drivers are qualified 
and safe has got to be the utmost importance of what we are 
doing with commercial vehicle safety.
    If confirmed, I am committed to addressing this particular 
issue. I have worked closely with the Texas Department of 
Public Safety throughout my career, and understand that this 
particular issue is concerning, and we will work closely with 
you and your office to ensure that we can make sure that all 
drivers who are in our country are safe.
    The Chairman. Thank you. Mr. Roberti, in a recent pipeline 
safety hearing held by this Committee, my colleagues on the 
other side of the aisle asked whether PHMSA has been taking a 
lax approach to pipeline safety enforcement. Can you tell us 
about your safety enforcement record as PHMSA's former chief 
counsel and how you plan to appropriately enforce the pipeline 
and hazmat transportation rules?
    Mr. Roberti. Thank you, Chairman Cruz, for the question. As 
you know, my last stint at PHMSA we processed almost 800 
enforcement cases, an effective inspection and an enforcement 
program within an agency, a safety agency like PHMSA goes to 
the heart of PHMSA's mission. And if confirmed, I can assure 
you I will bring that same transparent and effective approach 
to making sure that we have a strong enforcement program.
    The Chairman. Thank you. Mr. Morrison, how should NHTSA 
encourage automakers to build safe and reliable vehicles 
without relying on costly government mandates that that raise 
vehicle prices for consumers?
    Mr. Morrison. It is a great question, Chairman Cruz. I 
think the first thing is making sure that automakers understand 
the agency's expectations for safety. Remember, we have Federal 
Motor Vehicle Safety Standards, but more importantly, the 
agency has very, very broad defect authorities, and automakers 
have a responsibility to recall vehicles within 5 days of a 
defect in design, construction, and performance that could lead 
to an unreasonable risk to safety.
    So there is an automatic regulation that is working in the 
background. Making sure automakers understand that can allow 
them to ensure that their designs are robust.
    Now, you do need regulation with new technologies. I think 
that is something that is clear, but only once the technology 
is well understood by the agency and the industry, and usually 
after the development of consensus standards.
    The Chairman. Mr. Barrs, freight fraud and theft has become 
a rampant problem across the United States. FMCSA must remain a 
safety agency, but there are things FMCSA can do in its role 
overseeing motor carrier safety that would stop fraud. For 
example, FMCSA is updating its registration system. And as a 
part of that work, it will stop issuing new motor carrier, or 
MC numbers and require more thorough identity verification.
    Mr. Barrs, I am working on legislation to enhance FMCSA's 
ability to identify and stop fraud. If confirmed, will you work 
with me on ways to stop fraud and freight fraud, and what do 
you see as the most promising strategies?
    Mr. Barrs. Senator, thank you for that question. You are 
exactly right. This is a nationwide issue that is causing major 
issues, again with our trucking industry and our economy. I 
look forward to working with you on this particular issue, and 
working with all the different partners that we have to ensure 
that bad actors are penalized or they go to jail the way they 
need to. And we can work together with different agencies to 
make sure that that can happen. But I look forward to working 
with you on this particular issue moving forward. Yes, sir.
    The Chairman. Thank you. Mr. Roberti, in the 2020 PIPES 
Act, Congress authorized PHMSA to approve test programs for 
pipeline operators to evaluate innovative new pipeline safety 
technologies; however, we have heard that PHMSA received no 
requests to engage in the test programs due to the mountain of 
red tape the Biden administration required for approval.
    Mr. Roberti, as PHMSA administrator, will you plan to work 
with the pipeline industry to encourage the use of test 
programs to advance new pipeline technologies without the 
imposition of non-statutory red tape, including by removing the 
non-statutory requirements the Biden administration placed on 
the test programs?
    Mr. Roberti. Mr. Chairman, I have heard, there has been a 
lot of criticisms about special permit process. As I stated in 
my testimony, I am a big believer that innovation and new 
technologies are the leading edge for shifting the regulatory 
paradigm toward better safety. And so I can certainly--I do not 
know what is going on there regarding those programs and the 
processing of those requests, and the pilot programs, but I 
certainly will commit to making that a priority to look into 
that situation, and see about ways of streamlining. And 
certainly, removing red tape so that we can be more--we can be 
faster in pursuing opportunities to bring new technologies, 
enhance safety.
    The Chairman. Thank you. Ranking Member Cantwell.
    Senator Cantwell. Thank you, Mr. Chairman.
    Gentlemen, you know, I could probably fill like this roster 
here, with reports from GAO, or Inspector Generals about a 
problem we had in FAA where organizational design authorization 
was given to Boeing to have inspectors review the work and work 
with the FAA. Now, that is still the system we have today, but 
what we found is that there were those who were retaliating 
against those ODA members, and basically saying, you know: You 
might lose your job, or this might happen if you take a strong 
enforcement measure.
    So we learned in aviation that was a big mistake, a big 
mistake. So we have corrected that by passing a new FAA law 
that basically protects those ODA members from retaliation.
    This Department of Transportation has issued a new rule 
basically saying that you can retaliate against the inspectors 
in your agencies. So I want to know from you whether you 
believe that you are going to protect these inspectors from 
that kind of retaliation? Will you commit to being a strong 
policeman on the beat and making sure there is no political 
interference at your agencies on those inspectors?
    Mr. Barrs. Senator Cantwell, thank you for the question. I 
can tell you that throughout my career in law enforcement I 
mentioned earlier, that enforcement is key and making sure that 
the bad actors, as was mentioned here, are dealt with 
accordingly. And the inspectors and officers that work within 
FMCSA have a diligent job to do and making sure that they can 
carry out the missions and place these bad actors out.
    And it is extremely important to me that we make sure that 
we do that, and we work together collaboratively with them and 
give them the tools and the toolbox that they need to address 
these issues that you are referring to.
    Senator Cantwell. So no political retaliation?
    Mr. Barrs. Senator, I am looking forward to working with 
them and making sure that they are able to do their job, and I 
think that is what is important.
    Senator Cantwell. Thank you.
    Mr. Morrison. Yes, from my experience working with the 
fantastic investigators both in the Office of Vehicle Safety 
Compliance, and the Office of Defects Investigation, you know, 
you really need a robust, honest back-and-forth relationship 
with them. We need the data. We need to analyze the data to 
determine whether or not there might be a defect, or non-
compliance, and so ensuring that the level of trust is 
critical.
    Senator Cantwell. And making sure they are not harassed by 
somebody?
    Mr. Morrison. Absolutely.
    Senator Cantwell. Great. Thank you. Mr. Roberti.
    Mr. Roberti. Senator Cantwell, I would say that in my 
history at PHMSA, the inspection enforcement teams know how 
important I think what they do is to carrying out the mission 
of safety. And I certainly would impose no chilling effects on 
them exercising their duty subject to oversight. My oversight 
as administrator to make sure that we are fair, transparent, 
and impartial in the way we cite operators for violations of 
Federal standards.
    Senator Cantwell. Now, quickly, Mr. Morrison, could you--
because I have a question for Mr. Roberti--what are your 
priorities in setting regulations, the brake--the emergency 
brake issues for trucks? What are your first priorities?
    Mr. Morrison. I think first, the need to get in. I am not 
in the building now, and so I need to make sure that I get up 
to speed with the agency, and so forth.
    Senator Cantwell. Is there anything that bothers you right 
now that you think we need a regulation on?
    Mr. Morrison. I think one thing we need to explore and I 
mentioned this in my testimony, during the first term we had 
worked on autonomous vehicle safety, you know, framework taking 
comment from the public, working with industry to get a sense 
of the state of technology. I think the state of technology has 
moved forward now. And I think we are at the point now where we 
need to start looking to find ways we can build a public trust 
and that includes guidance documents and regulation, once we 
are at that point.
    Senator Cantwell. Yes, I will ask some more for the record 
on that.
    But Mr. Roberti, you mentioned the cybersecurity problem 
and you know pipelines are now--you do not threaten the United 
States anymore by--well you might but you know--sending a sub 
into our waters, or a plane into our airspace. You basically 
use the pipeline system or some other system to cause failure. 
So what do we need to do to accelerate our protections of our 
U.S. pipelines?
    Mr. Roberti. Well, the cybersecurity jurisdiction resides 
within the Department of Homeland Security. During my last time 
at PHMSA, we negotiated and executed an interagency--
interdepartmental agreement to help bolster our presence in 
control rooms working with the Transportation Security 
Administration. We also engaged directly with the Department of 
Energy.
    I think that across the Federal landscape there needs to be 
full engagement information sharing, and thinking about how we 
can leverage each other's resources. And PHMSA has inspectors 
out in the field, TSA does not. So we work to partner with them 
to bring more visibility and put an eye on some of the 
important factors of what operators should be doing on the 
pipeline front, collaborating----
    Senator Cantwell. Does not Colonial tell us we need some 
sort of task force? And you mentioned the private sector, I am 
a big believer in encouraging that dialogue back and forth, but 
the problem is here you are way down in the bowels of DOT, and 
yet this is a big infrastructure issue for the U.S., and how do 
we get it elevated so that we are putting the best cyber minds 
onto this particular task?
    Mr. Roberti. Yes. So as I said in my testimony, this is a 
top priority for me. The threats are--the threat vectors are 
always--they are constant, and they are always changing and 
they are always evolving. I think what you need are people who 
come into these positions to have that at top of mind. Those 
are the things that should wake any administrator up at 2 a.m.
    That should drive extra activity toward coordinating with 
other Federal agencies, the FBI, the Department of Energy, the 
Federal Energy Regulatory Commission, the Department of 
Homeland Security, so that we have constant information sharing 
and to be thinking about in the field both from a physical and 
cyber perspective: Where is the next wave of attack going to be 
based upon what we have witnessed.
    But remember this, in my experience, I have a lot of 
experience with this working in prior--in prior positions, it 
is never the moment that the attack of today is an indicator of 
future threats but does not necessarily replicate what that 
next threat vector and attack will be. And that is where we 
need tremendous vigilance. There is not enough of it.
    Senator Cantwell. I am out of--we are way out of time, but 
that is a very important, I am glad you have such fervor on 
that point.
    Thank you, Mr. Chairman.
    The Chairman. Thank you. Senator Blackburn.

              STATEMENT OF HON. MARSHA BLACKBURN, 
                  U.S. SENATOR FROM TENNESSEE

    Senator Blackburn. Thank you, Mr. Chairman, and 
congratulations to each of you.
    Mr. Barrs, I want to come to you. I know that Chairman Cruz 
talked to you about the fake CDLs, but there is another issue 
that we have heard a good bit about, and it is during the Obama 
years, they would not prohibit individuals who did not speak 
English, could not read English from having commercial drivers 
licenses. And one of the things that Secretary Duffy has done 
is to look at this and to end this practice. It is a public 
safety issue.
    So I would like for you to speak for a moment about the 
need to have people that can read and speak English as the 
commercial drivers and making our highway safer?
    Mr. Barrs. Thank you, Senator, for the question. And you 
are right. And I have mentioned in my opening statement, of 
course, my career speaks for itself with--in law enforcement. 
And I have been a roadside inspector, and inspecting commercial 
motor vehicles, and understand that the difficulty that it 
places on me as the inspector of having to communicate with 
someone who cannot communicate with you.
    As an inspector, if I am going to do a level 1 inspection, 
which is doing a full inspection of that vehicle, and having to 
get up under and check brakes and so forth, I need to be able 
to communicate with that driver, not only for the safety of the 
roadway drivers, but also me as the inspector if I am going to 
inspect that truck.
    So it is extremely important that that driver is able to at 
least have a conversation, understand the commands, and 
understand our road signs for safety. It is safety first, and 
that is where I believe my experience comes into this as 
understanding the effects that it plays on roadside as well.
    Senator Blackburn. Well, you know, we are a logistics hub 
in Tennessee.
    Mr. Barrs. Yes, ma'am.
    Senator Blackburn. And the Memphis area with all five class 
one railroads with the port, with FedEx. So this is something 
that during previous administrations there was quite a bit of 
concern.
    Mr. Morrison, I would like to come to you. Auto engineering 
and innovation is something we do very well in Tennessee as we 
have several of the automakers there, and we want to continue 
to set the pace when it comes to auto innovation, autonomous 
vehicles are something that there is a lot of work being done 
around these, and we want to make certain that we are setting 
the standards on this, that it is not China or someone else 
that is setting the standards.
    And what I would like to hear from you is what specific 
steps you feel like you can take so that we stay in that 
driver's seat, if you will, when it comes to global auto and 
autonomous innovation?
    Mr. Barrs. Fantastic question, Senator, and thank you for 
asking it. I think from what I have heard from industry over 
the last several years, is there may have been a bit of a lack 
of Federal leadership in this space. That means a lot of 
engagement with industry to understand the technology, what are 
the protocols for development and future deployment plans.
    The last thing you want to be in industry is spending 
billions and billions of dollars down a particular 
technological pathway and then have the Federal Government shut 
the door on that pathway. That has a major chilling effect on 
investment, and that is something we have to avoid, so by----
    Senator Blackburn. Well, and we need national standards 
too.
    Mr. Barrs. Yes, absolutely. And you may have heard, 
Secretary Duffy has made a core part of his mission 
establishing a Federal framework for AV policy, and that is 
something I am very excited to work with him on.
    Senator Blackburn. Right. One item I do want to highlight 
with you, there is legislation, the She DRIVES Act, this is 
something Senator Fischer and I have worked on. Now, what we 
know is that women are 75 percent more likely to be injured, 
and 17 percent more likely to die in auto crashes. And one of 
the gaping holes, if you will, was that crash test dummies were 
all male configurations and not female. And so this would 
require utilization of those female crash dummies as you are 
doing these tests.
    So I just want to highlight that with you as you are 
modernizing testing protocols, that consideration needs to be 
given in that regard.
    And my time is about to run out so I will get you to do 
this one on the record for me, a response on the record. The 
2022 GAO Report showed that NHTSA failed to complete 17 of 22 
mandated rulemakings by their deadlines. And these deadlines 
are set in law. They are not suggestions. They are 
requirements. So I would like to have you submit to me what you 
will do to decrease these long delays when it comes to the 
rulemaking and implementations? Thank you.
    Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Klobuchar.

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Thank you very much. And thank you to 
Senator Lujan for letting me go first here.
    So distracted driving, Mr. Morrison, I have long done a lot 
of work in this area like many of our senators, we have lost 
several constituents including 19-year-old Shreya Dixit from 
Eden Prairie who died just so young, involving another driver 
when she was a passenger. You mentioned in your testimony that 
too many crashes involve distracted drivers and the importance 
of working with local law enforcement. I think people do not 
understand how many it is.
    Early on I worked on drunk driving a lot when I was 
prosecutor and this has kind of done some good things there, 
not enough, but it has kind of taken over. And could you talk 
about the work that you will do, I was thinking back to 
Secretary LaHood did a lot in this area early, early on, talked 
about what you would like to do on distracted driving?
    Mr. Morrison. Absolutely. And thank you, thank you Senator, 
for the question, and thank you for your leadership in this 
area. You know, we have had over 3,000 fatalities each year, 
going back to the last 5 years, that are distracted, and I 
think that is very well undercounted. Unlike impaired driving 
where somebody can--you know, there is a blood test, or a 
breathalyzer test where you can tell if somebody is impaired, 
with distracted driving, it is much more difficult to determine 
that because you do not have ability to determine whether or 
not somebody was using a phone while they are driving. So I 
think that is undercounted. I think the messaging that the 
agency puts out there is very important.
    Senator Klobuchar. Yes.
    Mr. Morrison. I would look to double down on that 
messaging, and then also working with law enforcement too.
    Senator Klobuchar. And trying to figure out if the spot 
checks are working, or what works, kind of some updated 
information will be helpful for us. I think catalytic converter 
theft, I am sure aware of that, these catalytic converters 
taken from unattended cars. And last week, Senator Moreno, who 
knows a little bit about cars down there, he and I reintroduced 
the PART Act to provide law enforcement officers with the tools 
and resources they need to crack down on the crimes.
    The bill actually, if you could look at it, tasks NHTSA 
with updating motor vehicle theft prevention standards to 
ensure converters are marked with a traceable ID number, these 
are oftentimes horrible, criminal cartels and organizations 
that engage in this theft. Do you commit to working with us on 
this issue?
    Mr. Morrison. Absolutely. Catalytic converter theft is a 
scourge in our society. It creates a huge amount of 
inconvenience. It is, you know, it is very expensive to 
replace. And if that bill is passed, I will absolutely be 
looking forward to implementing it.
    Senator Klobuchar. OK. Thank you.
    Mr. Barrs, congratulations. According to recent reports, 
FMCSA's Carrier Enforcement efforts have slowed, or at least 
there is not a quarterly motor carrier safety progress report 
this year. Could you talk about how, as a retired law 
enforcement officer, how law enforcement acts as a deterrent to 
unwanted and unsafe behavior? And will you move these reports 
and other things along if you get into your position?
    Mr. Barrs. Yes, ma'am. Thank you for the question, Senator. 
That is very important to make sure that we are strengthening 
enforcement, compliance, and training, and also the uniformity 
of making sure things are across the board are the same. I look 
forward to being able to understand what is going on within the 
agency of where there are some of these lacks potentials may be 
happening, if you will, and making sure that the investigations 
are being completed and that we are taking bad actors off of 
our roadways that need to--carriers out of service if that is 
the case, or whatever interventions that have to--need to take 
place as well.
    Senator Klobuchar. Thank you. Yesterday the Senate 
Judiciary Committee, with Senator Grassley and Senator Durbin 
held a bipartisan hearing on retail theft. And actually one of 
the eye-opening things for me out of that hearing was cargo 
theft, and how these crimes impact the entire food chain, and 
supply chain. And I had no idea how much was going on.
    One dairy protein export company in Minnesota has reported 
an average of one to three break-ins per month in containers of 
dry milk powder. If confirmed, will you work to commit to 
combat these crimes as opposed to committing these crimes?
    Mr. Barrs. Senator, thank you for the question. And that is 
a large yes. And working closely with all the different 
stakeholders we have, that has got to be a focus in our time 
that I have worked on the Law Enforcement Advisory Board for 
the American Trucking Association. That has been one of their 
key points for us to work collaboratively with all the 
different stakeholders to combat this. But I look forward to 
working with you and others on this.
    Senator Klobuchar. OK. Thank you very much.
    Mr. Roberti, I had a question on cybersecurity. I heard it 
was asked, so I am going to just confound the other members, 
like when you ask a question here, then you ask it again 
because you want to hear the answer. But I will look back at 
your answer to the question. And it means a lot that Senator 
Whitehouse introduced you. Thank you.
    Mr. Roberti. Thank you, Senator.
    The Chairman. Thank you. Senator Moreno.

               STATEMENT OF HON. BERNIE MORENO, 
                     U.S. SENATOR FROM OHIO

    Senator Moreno. Well, thank you, Chairman, for having this 
hearing. Thank you for the three of you for your willingness to 
serve this country.
    Not shockingly, I will start with you, Mr. Morrison, on the 
car side of things. So I think it is important to set the stage 
because I think there are a lot of things that happen here that 
are partisan, there are a lot of things that can be 
extraordinarily bipartisan. Safety is something that would be 
extremely bipartisan. There is not a Republican, that I know, 
that would want our roads to be less safe.
    But generally, and you talked about this in your testimony, 
I think we need to dive deeper into it. Talk about where we are 
today with the age of our fleet, so in other words, the average 
car, how old is the average car out there right now?
    Mr. Morrison. The average age of a vehicle in our fleet, we 
have 300 million or so vehicles in our light-duty fleet, it is 
approaching 13 model years old, and the safety implications of 
that are profound. A few years ago, NHTSA did a study 
evaluating the impact just on age, model year, age of a 
vehicle, and found that a vehicle that is 12 to 15 model years 
old versus a vehicle that is zero to six model years old, there 
is a 19 percent higher chance of a fatality if you are in a 
crash. It is a profound impact. So getting the age of these 
vehicles down is critical.
    Senator Moreno. Right. So I think one of the things that we 
should hyper focus on is how do we reduce the age of the fleet? 
How do we get that average back to eight, nine years old where 
it used to be? And it is obviously about automobile 
affordability. So I just want to tick through some statistics 
because I think it is just interesting.
    So 10 years ago, if you were a car company, you had to 
produce cars that generally had a fuel economy rating somewhere 
around 35 miles per gallon 10 years ago, so 35 MPGs, pretty, 
pretty high. You and I are probably around-ish the same age. 
35-mile-per-gallon car back when we were kids would have been 
pretty good, right? Ten years later, that standard became 39 
miles per gallon. So 35 to 39, you think, well, that is 
decently achievable over a decade.
    Under the Biden administration, they wanted that to be 50 
miles per gallon in 2 years; 34 to 39 over a decade, 39 to 50 
over 2 years. Is that reasonable or achievable?
    Mr. Morrison. I think that is being evaluated right now at 
the agencies.
    Senator Moreno. Yes. And I will paraphrase, insane. And on 
top of that, places like where you live, California, where 
insane goes to get crazier you had the ability for California 
to set different standards. Now, thanks to this Congress, 
California no longer can set a different emission standard, or 
CAFE target, or electric vehicle mandate than the rest of the 
country. And thanks to our leadership of our Chairman, I will 
give him full 100 percent credit, car companies no longer have 
to pay these outrageous fines.
    And I just want to quantify that. Last year, car companies 
paid Tesla almost $3 billion in credits so that they could 
avoid these fines. Who pays those--who pays that money? Like 
ultimately, is it the car companies?
    Mr. Morrison. Yes. At the end of the day, consumers are 
going to pay for that, right?
    Senator Moreno. And so to--but how they--how do they pay 
for it? So here is, here is something else that happened during 
the Biden era. The average car price went up $8,000. That is 
almost 20 percent. So somebody who was shopping for a car 5 
years ago and shopping for a car today, they are seeing an 
increase of 20 percent. So what is the result? I am holding on 
to my car. That is how the cars got older. And if we can get 
this idea of how do we drive down the price of automobiles?
    I want to just ask you, Mr. Morrison, would you be willing 
to take a leadership position, as President Trump is 
renegotiating trade deals with other countries, to harmonize 
standards? So now the good news is Ohio, California, New York, 
Florida, one set of standards. But now let us make it so that 
any car that is qualified as a standard in America, or Europe, 
or South Korea, or Australia, one set of standards. Would you 
commit to leading that effort?
    Mr. Morrison. Yes, if the President asked me, I would 
absolutely support that.
    Senator Moreno. All right. And then let us think about 
something else. How do we drive down the price of automobiles 
by getting rid of just insane Federal regulations? I do not 
drink at all. And yet in the Infrastructure Law, which has to 
do with roads and bridges, they snuck in a provision that 
starting in 2026, model year vehicles, I have to have an 
impairment detection device in my vehicle before my car can 
start. Is that going to be free?
    Mr. Morrison. No technology is free.
    Senator Moreno. No technology is free. So why would I have 
to have an impairment detection device in my car? I mean that 
makes no sense--that does not lower the price of cars, right? 
That raises the price of cars. So we have to--if the North Star 
is safety, we should have total and complete consensus around 
this idea of lowering auto prices.
    And obviously, Mr. Chairman, as you know, because I ask you 
about every time--I ask you about this every time I see you, we 
should have a totally separate hearing on what we can do here 
at the Federal Government to lower the price of automobiles. 
When affording a car is out of reach for most Americans that 
has grave implications for job seekers, for the ability to get 
to hospitals, for ability to have personal freedom, so we need 
to drive down the cost of automobiles. And I hope when you are 
confirmed, and you are in that agency, that you are there to 
get that done, and to drive down the cost of automobiles.
    I am over time. So thank you, Mr. Chairman, for your time.
    The Chairman. Thank you. Senator Lujan.

               STATEMENT OF HON. BEN RAY LUJAN, 
                  U.S. SENATOR FROM NEW MEXICO

    Senator Lujan. Thank you, Mr. Chairman.
    Here is a thought, Mr. Morrison. Why don't you just 
eliminate seat belts from cars, eliminate backup cameras from 
cars? Hell, stop making them out of metal. Make them out of 
plastic. And let us find the cheapest car that we can sell to 
the American people to modernize the fleet and more people will 
die. I do not know if my colleagues know this, but there was 
not a provision snuck into a piece of legislation that is going 
to save people's lives in America.
    You and I met. I asked the same questions to Secretary 
Duffy. I was surprised to learn from him that his wife also 
survived a horrible crash. I do not know if you know this, 
Senator Moreno, but I survived a head-on car collision in my 
early 20s when I was driving home from a basketball tournament, 
because a guy was drunker than shit and drove right into me, in 
front of my church, in front of the place where my grandfather 
is buried.
    I am a person of faith like you. Somebody help save my life 
that night. 10,000 people die a year in America because we want 
to talk about self-driving cars. Hell, I can go to states right 
now and jump in a cab and there is no driver. That is safe? And 
we cannot install technology that nine auto manufacturers have 
already filed patents. This legislation worked. The markets are 
reacting.
    In Europe, you can already get in a car that has this 
technology available, not just to tell if you are drunk, but to 
tell if you are impaired. The technology exists. 14 tier one 
and tier two suppliers. Look, I am not an auto person, but I 
understand that those are the folks that the major auto 
manufacturers work with, to get technology in vehicles. They 
can tell if you are impaired.
    Hell, go to an auto show. If I sold cars, I would go to 
several auto shows to see what the latest and greatest is you 
can get in those cars. And you would be surprised how much 
technology exists today. These are not the questions that I 
planned, but when someone is suggesting that legislation was 
snuck into a bipartisan bill, I do not think Rick Scott is a 
liberal member of this body. He was my partner. Senator Capito, 
who also sits on this Committee, has been a driver of this 
legislation. I have been proud to earn the support of my 
colleagues from across the country to get this done. We have 
got to find a way to do it.
    So my question to you, Mr. Morrison is, this piece of 
legislation that is called the HALT Act, it is the honoring the 
Abbas family legacy to terminate drunk driving, who lost a 
family member to a drunk driver. There are rules currently 
pending at the Department of Transportation. I am very 
disappointed that under Secretary Pete Buttigieg under 
President Biden, this was not finalized.
    It was bipartisan. We worked on it bicamerally, bipartisan 
in both chambers and got this done. We negotiated with the auto 
manufacturers. Everyone was at the table. Someone from Mothers 
Against Drunk Driving is actually in this room. I hope all of 
us take time to sit down with them and find out how many people 
are dying in our states so that we can all get behind this 
technology.
    Can I get your commitment, sir, that you will make progress 
on moving forward the existing rulemaking pursuant to the HALT 
Act?
    Mr. Morrison. Absolutely, absolutely. And as I said when we 
met in your office, and I enjoyed our meeting, I thought it was 
a productive meeting. I am not in the building now. It is a 
day-one priority of mine to get in there and get a sense of the 
state of the technology. That is the technology that DOT has 
been working on for years, but not just the state of that 
technology, but the state of the technology that is being 
developed elsewhere. That is something that I----
    Senator Lujan. I appreciate. I mean, that is all we can ask 
for. There should be no question that existing technology 
works. And some people are actually driving cars that do this 
stuff already. It is working. Another issue that I care about 
deeply is ensuring that trucks have side underride guards to 
prevent cars, pedestrian, and bicyclist from being crushed 
underneath. As a result, according to NHTSA, the cost of 
installing side guards exceeds the benefits.
    Unfortunately, to reach this estimate, NHTSA makes 
assumptions in their cost benefit analysis that excludes whole 
categories of preventable deaths of vulnerable road users, such 
as pedestrians, bicyclists, and motorcyclists. I do not 
understand that. If it is going to be studied, it should be 
studied. And then an answer should result based on whatever the 
research is.
    Yes or no, will you commit to counting pedestrians and 
bicyclists as preventable deaths for vulnerable road users in 
the cost-benefit analysis and any future rulemakings on side 
underride guards?
    Mr. Morrison. I will work with the economist with the NHTSA 
to make sure that everything appropriate is being considered. I 
am not familiar with that particular study that was issued, but 
it is something I will work on.
    Senator Lujan. I appreciate that. Mr. Barrs, in New Mexico, 
we see firsthand the dangers that come with heavy freight 
traffic on highways, especially along I-40 and I-25, the two 
major arterials in our state, where my constituents have raised 
real concerns about safety. Truck crash deaths are up more than 
60 percent nationwide since 2009, including nearly 5,500 lives 
lost just last year. What steps will you take as the 
administrator to make sure the FMCSA is doing everything it can 
do to reduce crashes and protect drivers and families on our 
roadways?
    Mr. Barrs. Senator, thank you very much for the question. 
Roadway safety being top priority for me and my career, as I 
mentioned in my open statement, working closely and with our 
MCSAP grants, and the law enforcement officers in your state--
--
    Senator Lujan. Yes.
    Mr. Barrs.--making sure they are doing the aggressive 
traffic enforcement that needs to be done. Also going and doing 
the inspections that need to do, and try to do preventative 
concerns, finding those violations well before they happen so 
we can prevent those crashes from happening during a road--
regular routine inspection is critical.
    Senator Lujan. Appreciate that.
    Mr. Chairman, I have other questions. I will submit them 
into the record. I thank you for the time. I just hope we can 
find some common ground on public safety. I heard like my 
colleagues say that that is something Democrats and Republicans 
agree on. Do we or don't we? It is time to put up or shut up 
when we get these rules in place, and we are to choose to save 
the American people or we are not. That is what it is going to 
come down to.
    And I hope that we can find common ground to get this done. 
It is not easy to talk about almost dying. Sometimes things 
happen for a reason. And I guess that I have learned from this 
President, if God gives you another chance, you had better do 
something with it. And I will be damned if I am not going to do 
something about it.
    Thank you for the time, Mr. Chairman.
    The Chairman. Senator Peters.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Mr. Chairman.
    Mr. Morrison, congratulations on your nomination to serve 
as the Administrator of the top Auto Safety Regulator here in 
the country. As a senator from Michigan and the Chair of the--
or Ranking Member of the Surface Transportation Subcommittee, 
two of my top priorities are saving lives on our roadways and 
making sure the automotive industry has the regulatory 
certainty that it needs to continue to innovate, and to compete 
on a global scale helping us to reach those security goals.
    So my question for you, sir, is NHTSA, as you know plays a 
key role in ensuring that NHTSA certified vehicles are 
recognized and accepted in other markets which is critical to 
the American auto competitiveness of our industry. So my 
question is, if confirmed, will you ensure that NHTSA strongly 
supports the mission, including harmonization efforts and 
leadership in global regulatory bodies to prevent non-tariff 
barriers on American autos?
    Mr. Morrison. Yes, it is an important part of NHTSA's 
mission, working with the other countries on trying to create 
global technical regulations. And they are very active in that, 
and that is something I look forward to continue to work on.
    Senator Peters. Very good. I was encouraged to see NHTSA's 
recent announcement that it will pursue a regulatory framework 
for autonomous vehicles that includes objective testing 
standards and rulemaking. However, I am concerned by the 
reports that as much as over half of the Office of Automation 
Safety, which I push to fund, has been terminated--has been 
terminated in staffing cuts, basically, at NHTSA.
    This office will be responsible for carrying out rulemaking 
efforts related to autonomous vehicles, and other safety 
technologies, which experts tell us will take a high level of 
technicality and expertise, not to mention manpower, to figure 
all of this out.
    So I have a couple questions for you. First off, can you 
commit to fully staffing offices like the Office of Automation 
Safety to ensure that they can competently and successfully 
carry out rulemakings relative to AVs and other cutting edge 
technologies?
    Mr. Morrison. I have seen media reports. I am not in the 
building now, but I have seen media reports about staffing. I 
think a lot of people may have left pursuant to a deferred 
resignation program. But I know Secretary Duffy has mentioned a 
number of times that where there are gaps that need to be 
filled, particularly to achieve priorities, we will fill those 
gaps.
    Senator Peters. So you will be committed to fully staffing 
it. You are giving me that commitment today?
    Mr. Morrison. Yes, I will be committed to looking to higher 
up to make sure that we can achieve those goals.
    Senator Peters. Based on your experience in NHTSA, do you 
believe the agency can carry out multiple rulemakings related 
to autonomous vehicles and make needed progress on the over one 
dozen overdue rulemakings mandated by Congress, if it faces 
significant personnel cuts?
    Mr. Morrison. Again, I am not there now. I do not know how 
the staffing is allocated. But I will commit to looking to make 
sure that we have adequate manpower to complete our mission.
    Senator Peters. What actions do you believe are necessary 
to ensure deployment of autonomous vehicles is safe, 
transparent while also ensuring that the United States is at 
the forefront of innovation? Please tell me kind of your 
thoughts about what we need to do.
    Mr. Morrison. I think first and foremost we need Federal 
leadership in this space. And that involves I think, in large 
part, using the convening authority of the Federal Government. 
Meeting with the developers, meeting with technical safety 
experts to understand the state of the technology now, the 
development pathways that various entities have been pursuing, 
and making sure that the industry understands what the agency 
believes are the appropriate paths forward.
    I think getting that understanding with industry, having 
the industry gaining an understanding of the agency's 
perspective, I think that is something that may have been 
lacking, and that is a major gap I look to fill. And that is 
going to involve guidance, and as I mentioned in my testimony, 
yes, it will involve regulation once that is ready.
    Senator Peters. What specific risk do you see to the United 
States if we do not remain at the forefront of AV innovation, 
especially with China's major strides in this area, as you are 
probably well aware they are investing massive amounts of 
money, and believe this is the future of transportation, so 
what are your concerns related to that?
    Mr. Morrison. My concerns that we have a foreign adversary 
of this country who has investing incredible amounts of 
resources into this industry. And they are looking to push 
things forward. From what I have heard, I am not over there; I 
have heard that some of the developmental pathways that they 
are approaching are not as robust as the industry is used to. 
That is something that gives me pause. It gives me concern.
    But if they win that technological race, they will be the 
ones that are sending--setting these global standards and their 
technology will be that that is deployed around the world. And 
that is something we cannot have.
    Senator Peters. Mr. Roberti, the Commerce Committee is now 
actively working on a Pipeline Safety Reauthorization effort as 
you know. I am a little over time, but perhaps as quickly as 
you can, if you could just give the Committee what is kind of 
top of mind to you as the top issues that this bill needs to 
address?
    Mr. Roberti. Well, certainly from the last 
reauthorizations, there are a number of outstanding mandates. I 
think that is a high priority to complete mandates. Looking 
forward, you know, not being at the agency yet, I hope to 
engage with your staffs in your offices to come to some 
conclusions on what would be best in that authorization.
    Senator Peters. Very good. Thank you, Mr. Chairman.
    The Chairman. Thank you. Senator Markey.

               STATEMENT OF HON. EDWARD MARKEY, 
                U.S. SENATOR FROM MASSACHUSETTS

    Senator Markey. Thank you, Mr. Chairman. Mr. Morrison, let 
us start with an argument in your testimony. Regulations raise 
car prices. This argument is not new. In fact, automakers have 
always fought common sense safety regulations by saying they 
are too expensive.
    Let us look at a few examples. In 1961, The New York Times 
reported on the fight to require seat belts in vehicles, The 
New York Times reported that quote, ``Car manufacturers still 
are adamant in their position that safety must be keyed to 
cost. If this contention prevails, the seat belt will be an 
optional item of extra cost.''
    Mr. Morrison, yes or no, was the government right to 
require seat belts in every vehicle?
    Mr. Morrison. Absolutely.
    Senator Markey. All right, that is good. Here is a headline 
from April 6, 1975, titled: ``Industry resists car safety cost 
that documents how the auto industry lobbied against requiring 
airbags in every vehicle.'' Mr. Morrison, yes or no, was the 
government right to require airbags in every vehicle?
    Mr. Morrison. Eventually, yes.
    Senator Markey. Yes. And that brings us to today. Here is 
the headline from June 24, 2024, ``Automakers ask U.S. agency 
to reconsider emergency braking rule.'' Now, automakers are 
urging the National Highway Traffic Safety Administration to 
repeal its rule issued last year requiring automatic emergency 
braking in new vehicles, in part, based on cost.
    Mr. Morrison, I understand that the Trump administration is 
currently reviewing that Automatic Emergency Braking Rule. 
Given the automakers history of opposing common-sense safety 
rules, do you agree that safety regulators should be skeptical 
of industry's arguments?
    Mr. Morrison. I think regulators need to do their own 
homework and evaluate the costs, it is built into the SAFETY 
Act, that one of the very important aspects of the Federal 
Motor Vehicle Safety Standard is that notion of practicability 
which does have cost implications, so that is something that 
the agency needs to do independently.
    Senator Markey. Well, here is my message to you, Mr. 
Morrison. The automakers have cried wolf far too many times for 
us to take their arguments seriously. That is the answer I 
wanted to hear. Are there costs to implementing these 
requirements? Of course, but these measures might save your 
daughter, your son, your father, our mother, our brother. And 
to me, that is worth it.
    And that is why we have seat belts. That is why we have 
airbags. And that is why we need emergency braking in order to 
make sure that we protect family members who, otherwise, would 
be injured or die.
    Mr. Roberti, I hosted you in Massachusetts in 2018, thank 
you for coming, after pipeline explosions destroyed dozens of 
homes and killed a young man. And you know, safety saves lives, 
Mr. Roberti. If confirmed, will you finalize the 2023 Draft 
Rule requiring that my Pipeline Safety Law passed in the Trump 
era, PIPES Act of 2020, is finalized?
    Mr. Roberti. Yes.
    Senator Markey. Thank you. And Mr. Roberti, we have seen 
Elon Musk's DOGE staff come into agency after agency and 
sabotage our government's ability to keep the public safe, from 
the FAA, to the National Weather Service. So Mr. Roberti, if 
DOGE staff told you to stop enforcing regulations, or to fire 
inspection and enforcement staff who keep our system safe, 
would you do it?
    Mr. Roberti. The answer is that the critical safety--
critical safety positions include inspection enforcement 
personnel. They are not part of any layoffs, or any part of 
workforce reduction, and if confirmed, as I have said, having 
an effective, a strong, robust inspection and enforcement 
program is the heart of the safety mission and I will certainly 
commit to that.
    Senator Markey. All right. Well, again, the question of 
DOGE undermining public safety is not a hypothetical. It is 
already happening. We have seen it in other agencies. And we 
have already seen services disrupted and lives lost as a 
result. The only question is whether we are going to have 
enough courage at the agency to protect our Pipeline Safety 
Agency from those DOGE attacks. And that will be your 
responsibility, Mr. Roberti, to put safety first.
    With that, thank you, Mr. Chairman.
    The Chairman. Thank you. Senator Fetterman.

               STATEMENT OF HON. JOHN FETTERMAN, 
                 U.S. SENATOR FROM PENNSYLVANIA

    Senator Fetterman. Thank you, Mr. Chairman. Welcome, Mr. 
Roberti. Is it fair to say that we had a warm, cordial, and 
productive meeting yesterday in my office?
    Mr. Roberti. Senator, yes, I really enjoyed meeting with 
you yesterday.
    Senator Fetterman. Yes, I thoroughly--I thoroughly did too. 
And yesterday, we talked about, you know, my real issue is, and 
my commitment is that I was not here today to create theatrics, 
and I am not looking for clipping, or to make up on MSNBC, or 
the thing for me. I am coming here because--and I know you are 
aware of a problem in my state in a very specific county. And 
for me now, in a minority situation as a Democrat--I am very 
confident that you will have all the votes necessary to be 
confirmed.
    So for me, as a Democrat voting for nominees, for me, it is 
a statement saying: We want to find a relationship, we want to 
work together to look for wins, for wins for my state, for the 
constituent, or really a win in Pennsylvania ultimately is a 
win for the country. And today, and I made a promise with you 
to not to turn this into confrontation or anything, and so 
today I am here to discuss for folks it is a pipeline 105 miles 
long, with jet fuel across, you know, Southern Eastern 
Pennsylvania.
    And then essentially there was--everybody agrees that there 
was a leak. And you know, I am part of it because I fly 50 out 
of 52 weeks. So we all need jet fuel, and we need to--you know 
it is not a--I am not condemning anyone that produces jet fuel. 
It is really that the problem is that it actually got into 
someone's wells in Bucks County.
    And today, so I am here today, I am here, I have--we have a 
constituent here from Upper Makefield, and her name is 
Christine, and I think she is here today. And now she has water 
that was contaminated by jet fuel and she brought--she actually 
brought a sample here. And I am not going to--you know, it is 
like--you can submit questions or you can submit--you can 
submit testimony, and I am actually, respectfully, submitting 
this, and encouraging you anybody to just smell it because it 
honestly feels just straight up like fuel. I would not want to 
put a flame around it honestly.
    And for me it is like I am really just welcoming because I 
really--I just want to work together, you know, for a solution 
here. You are not responsible for any of this, or participate 
in all of this stuff. You know, you just have a--you know, you 
would be in a situation to actually work together to create 
that.
    So you know, I really would like to work with my friend and 
colleague, Congressman Brian Fitzpatrick, and we really are 
pushing to just--whether it is shutting it down, or to do 
whatever necessary until we can figure out really what is 
happening. And now for me today, it is like, as I said in my 
office, is if you are--if you are able to extend a commitment 
to work together in my office, then I am here today to extend a 
commitment to vote for you. Because for me it is about voting 
for you is about desiring a relationship to find a solution for 
this--for this land owner but also for my state. Mr. Roberti?
    Mr. Roberti. Thank you, Senator. From what I have read, not 
being in the agency, but that was a serious incident. It is 
under investigation. A notice of proposed safety order was 
issued. I think it followed with a corrective action order if 
I--or a consent order, and that that matter remains under 
investigation.
    As I said to you yesterday in your office, if confirmed I 
would like to go to the scene----
    Senator Fetterman. Correct, yes.
    Mr. Roberti.--with you. I would like to visit that scene. 
While the investigation is pending, I do want to see 
investigations like that proceed in the most expeditious manner 
so that we can get to the bottom of what happened and make 
those determinations as to the safety of that pipeline going 
forward. And that I commit to do.
    Senator Fetterman. Yes. Well, I will say it again, now, it 
is becoming more and more politically difficult or punishing, 
to vote and to want to work with the other side, but today, you 
know, you have extended your willingness to work together for a 
solution, and I am--to extend my desire to want to vote and 
support your candidacy for this.
    And thank you, Mr. Chairman. Thank you.
    The Chairman. Thank you. Senator Young.

                 STATEMENT OF HON. TODD YOUNG, 
                   U.S. SENATOR FROM INDIANA

    Senator Young. Mr. Morrison, Mr. Barrs, Mr. Roberti, 
congratulations on your nominations. I hope we will have an 
opportunity to serve together.
    Mr. Morrison, as you are well aware, NHTSA has been without 
a Senate-confirmed administrator for quite some time now, and 
there are many priorities my colleagues and myself could 
discuss with you on ways to improve safety, increase 
efficiency, and efficacy, especially with respect to 
rulemakings, and modernize Federal motor vehicle safety 
standards, to name a few.
    But I want to focus my questions to you on the issue of 
autonomous vehicles, or AVs. For several years now, Congress 
has been working to establish a comprehensive AV framework that 
unlocks the ability for industry to safely deploy self-driving 
vehicles. I am working to develop legislation regarding this 
framework. One that prioritizes safety of course, but also 
provides certainty to industry, unleashes the ability for 
greater deployment, finds opportunities for job growth, and 
importantly secures American global leadership in this space.
    China is looking to supplant our leadership here. So it is 
imperative that we establish rules of the road that can protect 
our national and economic interests and also benefit American 
companies and consumers. For years, we have seen this industry 
grow with advancements in technology and engineering standards 
as well as an increase in commercial AV testing and operations 
across the United States. However, I believe it is past time 
that we modernize the Federal Motor Vehicle Standard Safety--
Safety Standards for AVs.
    Sir, what are the first AV rulemakings you would like to 
address and what areas do you think NHTSA is best suited to 
lead on these issues?
    Mr. Morrison. Great question, Senator. I think as it 
relates to rulemaking, there are several things that we need to 
do. I think one, which we kicked off during the first term was 
evaluating those unintended and unnecessary barriers to 
innovation. You know, keeping that same level of safety, but 
just finding things that are like, you know, language in the 
rulemakings that reflate to a driver being in the vehicle.
    So that is something we cleaned up in one part. I think 
there is a lot of additional work to do in that area. I think 
that is one way just to allow for innovative designs in a--you 
know, in a manner that still meets the same you know need for 
safety just to allow for the deployment of these vehicles in 
self-certified manner. I think that is something that is very 
important. Two, I think guidance, you know, you do not 
necessarily need to do rulemakings on everything. You do not 
necessarily need to clog up the Code of Federal Regulations you 
know even further.
    I think giving guidance to industry on what expectations 
are for safe development. You know, these are not legal 
requirements for them but what we see as best practices, the 
agency as best practices, if I am confirmed, that is something 
that I would look to pursue. And this is all part of the 
Secretary's greatest--greater, you know, AV framework that he 
has talked about.
    You know, eventually, once the technology is fully 
understood that is when we can start talking about actual 
performance requirements for the technology itself. So I think 
it is a bit of a multi-prong approach.
    Senator Young. Yes.
    Mr. Morrison. A lot of it is going to involve just 
engagement, sitting down with----
    Senator Young. I agree with that.
    Mr. Morrison.--sitting down with technical safety experts 
as well.
    Senator Young. And it will take a lot of time. It will 
probably be an iterative process. You will need to visit with a 
lot of stakeholders. Will you commit to personally doing that?
    Mr. Morrison. Absolutely.
    Senator Young. Will you commit to engaging members of your 
staff and prioritizing these sorts of meetings and the 
communication so that we can tease out the regulatory 
inadequacies, or impediments we have to AI development and 
adoption in this country in a safe manner?
    Mr. Morrison. Absolutely. And I think it is really, really 
important to have industry and staff talking together to gain a 
better understanding of their approaches.
    Senator Young. Will you commit to working with myself and 
other members of the Committee throughout this process so that 
we can be involved in establishing a Federal framework for AVs?
    Mr. Morrison. Yes. To the extent I am allowed. I know OMB 
plays a major role there, so I do not want to step on any toes.
    [Laughter.]
    Senator Young. OK. There is always the OMB qualification, I 
understand. But yes.
    Mr. Barrs, as you know, AVs are not limited to passenger 
vehicles. One area where we have seen incredible growth is 
within the commercial trucking industry. The benefits this 
technology promises to deliver are vast with reductions in 
supply chain constraints and improvements in the transport of 
goods. A theme of mine in recent hearings, as Chairman of one 
of the subcommittees here, has been outdated regulations that 
either hinder the ability of industry to innovate or create log 
jams and the safe deployment of technology.
    So I would like to very briefly dig into this with you and 
see if there are any areas you see as needing improvements. One 
example might be FMCSA regulations require truck drivers to 
manually place warning triangles behind a vehicle when it is 
stopped or pulled over. This means drivers have to get out of 
their cab and walk along busy highway shoulders, often in 
dangerous conditions, like poor visibility, high traffic 
speeds, or inclement weather to deploy these devices.
    As you know, as a law enforcement officer, and as the data 
shows, the side of the road is incredibly dangerous at times. 
Do you see opportunities for FMCSA to allow innovation and 
roadway safety so that drivers do not have to walk alongside 
the highway to manually place plastic triangles, yes or no?
    Mr. Barrs. Senator, thank you for the question and----
    Senator Young. A yes or no question.
    Mr. Barrs.--the answer is yes.
    Senator Young. If you are confirmed, can you commit to 
working with me, should you see any areas where outdated 
regulations, like these, are prohibitive to innovation or 
detrimental to safety on ways to address these potential 
issues?
    Mr. Barrs. Senator, I do. Yes.
    Senator Young. Thank you. I am out of time. Chairman.
    The Chairman. Thank you. Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Well, thank you, Chairman Cruz, for holding 
the hearing today. I want to thank you to all the nominees, 
your willingness to serve, and I am going to focus a little bit 
on Nevada today because Mr. Barrs, Nevada continues to grapple 
with the significant shortage of safe and accessible truck 
parking facilities. It is a challenge that directly affects 
driver safety, increases operational costs for carriers, and 
disrupts the efficiency of our freight supply chains.
    While estimates suggest that there is a shortage of 40,000 
safe truck parking spaces nationwide, giving Nevada's strategic 
location as a major transportation corridor for interstate 
commerce, particularly southern Nevada, we have the I-15 comes 
in from all of Southern California onto the trucks that way, 
and of course Northern Nevada along the I-80 coming in from San 
Francisco into the Interior, it is particularly critical for 
our state and for the surrounding region.
    So Mr. Barrs, can you outline the specific strategies, 
policies, or funding priorities you would pursue as 
administrator of FMCSA to help expand this truck parking 
capacity, improving the safety conditions in Nevada, and it is 
really going to help our supply chain just move more quickly 
through the country?
    Mr. Barrs. Senator, thank you for the question. Truck 
parking surely is a necessity as one I have been working on for 
a long period of time throughout my career in the public and 
private sector. I can tell you that in my state in Florida, we 
have made that a top priority, just like I know that is an 
issue for you in your state, and looking at different ways that 
we can work with Federal highway, with funding that goes 
directly to truck parking. Looking at engineering ways to 
potentially of redesigning current locations that are there 
now----
    Senator Rosen. Smart Park Program, would you be interested 
in using things like that?
    Mr. Barrs. We do not use that specifically. We use like 
truck parking availability which should be similar to that, so 
yes, being able to get those notifications out to the truck 
drivers so they can make informed decisions so they can plan 
their trips accordingly and get to a spot for safety.
    Senator Rosen. Thank you. On that note, I want to talk 
about highway fatalities because Nevada has recently been 
experiencing a troubling increase in highway fatalities. In 
2023, our state recorded an estimated 386 traffic deaths, 
terrible, and it makes it the second deadliest year on our road 
since 2006. It follows a peak year of 2022 where we had 416 
fatalities. Even one is too many.
    So even more concerning, according to the Nevada Office of 
Traffic Safety, their data, during the first quarter of 2024, 
Nevada saw nearly 40 percent more fatal crashes compared to the 
same period in 2023, with 97 deaths between January and March 
alone, like I said, these are tragic losses, they are driven 
largely by speeding, impaired driving, alarming spike in 
pedestrian deaths, especially in Las Vegas and Reno.
    So I am going to turn to you, Mr. Morrison. And given these 
trends, what concrete policies, enforcement strategies, public 
safety programs would you prioritize, as administrator, to 
reverse these fatality trends? If they are happening in Nevada, 
I am sure they must be happening in other places. And 
specifically, how would you leverage Federal programs promoting 
the deployment of advanced technologies like intelligent speed 
assistance, or automated safety systems? And I would really 
hope that you would coordinate with our Nevada agencies, so we 
can bring that number down.
    Mr. Morrison. Thank you for the question, Senator. It is a 
fantastic question, and you are right, that it is far too many 
fatalities that we have seen, particularly since the pandemic, 
this increased level. I mean, we are trickling downward again 
and----
    Senator Rosen. It is a lot of pressure to get those things 
delivered.
    Mr. Morrison. Absolutely. So I think the--it is got to be 
an all-of-the-above approach. I think, you know, that it truly 
is a crisis that we are seeing, we are seeing fatalities 
continued at an elevated rate, we are seeing impaired driving 
at an elevated rate, speeding at an elevated rate, and we need 
to double down on what are the known, proven countermeasures. 
What are innovative approaches that we can take to traffic 
safety as well?
    So in my testimony, one of the things I hammered home is 
really a need to coordinate, to work, enhance our partnership 
with the states, including the Nevada Office of Traffic Safety, 
as well as law enforcement. I think that is that is another 
area is making sure that our laws are actually being enforced.
    Senator Rosen. Will you build on this for our rural 
communities because it is really--we have a vast rural highway 
network. I know the Chairman does, so many others too as well, 
that presents unique safety challenges. Our rural roads have a 
higher--just have this higher rate of fatalities. And could you 
talk about, maybe specific, how would you--might address that 
safety challenges specific to rural highways like we have in 
Nevada?
    Mr. Morrison. Yes. It is a disproportionate number, and you 
see that across the country, disproportionately, if you look at 
population versus the roadway density. It is it is 
disproportionate in the rural areas. So it is a combination of 
law enforcement messaging, and all-of-the-above approach.
    Senator Rosen. Would you commit to coming back to this 
Committee to talk about some of the new technologies or 
techniques that you are planning to use, this is an issue that 
is so important to so many because of the loss of life, to come 
back to the Committee and report on the implementation of such 
strategies that would help us?
    Mr. Morrison. Absolutely.
    Senator Rosen. Thank you. Appreciate it.
    Thank you, Mr. Chairman.
    The Chairman. Thank you. Senator Moreno.
    Senator Moreno. So thank you for some additional time. I 
just want to clarify a couple things my colleague said. Mr. 
Morrison, just make sure we are all on the same page. Again, 
this topic can be very emotional. I mean, obviously, look, let 
me just reiterate, everybody wants our roads to be safer. But 
the do you do believe it is a false choice between, if you do 
not do everything, if you do not put every single safety 
technology and mandate it, force every American to put it in 
their automobile, or do nothing is a false choice?
    Mr. Morrison. I think so. I mean, you know, NHTSA has 
congressional mandates that the agency needs to continue to 
work toward. But you know, when you establish Federal motor 
vehicle safety standards, one of those key elements you look at 
the need for motor vehicle safety you look at the state of the 
technology itself, you look at the cost, you look at consumer 
acceptance as well, you really have to look at all those 
things, but cost is a very important factor.
    Senator Moreno. Yes. And of course no nobody wants to have 
drunk drivers on the road, but do you think that maybe Biden 
was not able to actually put that rule in place because what 
they realized is if somebody is actually a drunk driver, they 
are actually making a conscious choice, which is terrible, and 
by which we should increase the fines and the penalties for 
that. That they could not just ask a friend to start their car 
and then you completely eliminated the use of a device that 
cost thousands of dollars for people who did not drink.
    So I think the guiding principle that should be used is 
common sense. Two beautiful words, ``common sense''. Now, my 
colleague from Massachusetts brought up seat belts. I was not 
alive in 1961. You probably were not alive in 1961. But it 
would be maybe something you should think about that the 
article he referred to in The New York Times in 1961 was 
talking about a technology that had been invented two years 
earlier by Volvo in Sweden.
    And the reason car companies did not want to put it in 
those cars in 1961, two years after it was invented, and I 
assume he was talking about, or knows that he is talking about 
the three-point belt, because the two-point belt had been 
around since the 1940s. So the reason it was not put in cars in 
1961 is because it would have added massive cost to customers 
in 1961. And later when that technology became more mainstream, 
and you had different production methods, it could happen.
    So I think you are--just to clarify, you are not saying 
that safety technology should not be put in cars, is that we do 
have to balance the cost to the consumer because if the end 
result is that we have cars that are not affordable that is a 
problem, right?
    Mr. Morrison. 100 percent right. I recall when--and not 
only that, you know, you really have to gain an understanding 
of the technology before you get anything close to a mandate. 
Those initial belt designs, they were very effective at 
channeling forces to the aorta, which had the--like the exact 
opposite effect that you would want. So making sure the 
technology is mature enough is a critical part of it. But 
again, cost really is important.
    I remember when I was appointed as Chief Counsel, this was 
back in 2017, there was a series of articles that found that 
the average household income using general affordability 
metrics could not afford the average price of the vehicle in 
really any of the municipal areas across the country. I believe 
at the time was about $38,000.
    We are we are bumping up against $50,000 as the average 
price of the vehicle today. It is a critical issue that I----
    Senator Moreno. And just to remind everybody, it is $50,000 
today, it used to be $41,000 4 years ago. That is a huge 
problem. And the same thing with airbags, right, when airbags 
were invented and it took a long time for that technology to 
evolve because initial airbags were actually pretty dangerous. 
Airbags today are completely safe. And now it is basically a 
pill bottle. I mean, you get in a car accident and airbags come 
at you everywhere, like a little aspirin in a bottle, but that 
technology did not exist.
    So again, I just reinforce to my colleagues as we develop 
this, these ideas, that we keep in mind that we want to have 
safer cars, but the marketplace does a really, really good job 
of making certain that technologies evolve at a pace in which 
they can be affordable. And look, while you maybe to some of my 
colleagues, and if you want to hang out in Martha's Vineyard in 
a multi-million dollar home, and fly there in a private jet, 
$8,000 in a price of a car is no big deal. But somebody who 
lives in Chillicothe, Ohio, who is trying to get to work, and 
needs that car to get there, affordability is a big deal.
    And that is the mentality that is missing. And part of it 
is, look, quite frankly, this is a town where nobody even 
drives their own damn car, right. So when you have a driver 
that shuttles you all over town and the last time you are 
behind the wheel of an automobile was maybe years ago, all 
these become esoteric problems.
    But I am here because we need to bring outsiders' point of 
views to say: Hey, you know what, when you raise the price of 
automobiles by $8,000 because you have this hell-bent idea 
that: Well, if you cannot afford it, too bad for you. It is a 
problem.
    And I just hope, Mr. Chairman that we really take this 
conversation to the next level, because I am telling you the 
number one existential threat to job growth in this country is 
the fact that cars be--if you take cars, and you make them less 
affordable for humans to be able to live a daily life, it is a 
huge economic problem.
    And again, in Martha's Vineyard, no problem, you can get 
around Martha's Vineyard, no issues at all, very easy, 
fantastic drivers will shuttle you around. And ironically, by 
the way, 50-year-old Land Rovers that are worth $150,000 that 
have no seat belts, and no airbags, is the number one car of 
choice in Martha's Vineyard. But I guess there it is no 
problem.
    Thank you, Mr. Chairman.
    The Chairman. I want to thank Senator Moreno for his 
impassioned and very well-informed questioning, and just point 
out for the record that I fully agree we need lower cost cars, 
and one of the keys is never ever, ever get the undercoating on 
the car, the answer to that is, no.
    And with that I recognize Senator Hickenlooper----
    Senator Moreno. That also went out--that also went out in 
the 1970s.
    The Chairman. Um-hum?
    [Laughter.]
    The Chairman. Senator Hickenlooper.

             STATEMENT OF HON. JOHN HICKENLOOPER, 
                   U.S. SENATOR FROM COLORADO

    Senator Hickenlooper. Thank you, Mr. Chair. And thank all 
three of you for taking your time out today.
    Let me start with Mr. Morrison. Impaired driving is a 
threat to passengers, cyclists, pedestrians, everybody. Last 
year the U.S. saw almost 40,000 fatalities involving motor 
vehicles, 12,429 fatalities involved alcohol impaired driving. 
That is 30 percent of all fatalities. We have a National blood 
alcohol concentration, BAC, a national limit of 0.08 percent to 
determine alcohol impairment.
    Currently, there is no uniform national standard to measure 
marijuana impairment. In Colorado, marijuana impaired driving 
is a blood test above five nanograms of THC. At least 16 other 
states have zero tolerance laws prohibiting any amount of drug 
impairment while driving. Creating a national standard for 
marijuana impairment is going to ease the burden of law 
enforcement prosecutions, help clarify legal requirements 
across states, and without question save countless lives.
    So Mr. Morrison, what steps would you direct NHTSA to take 
in consultation--in consultation with states, our laboratories 
of democracy, to develop a national impairment standard for 
marijuana-impaired driving?
    Mr. Morrison. I think, you know, NHTSA absolutely plays a 
critical role here. And during my time as chief counsel in the 
first term we were really pushing hard this campaign against 
drug-impaired driving. Some of the messaging we put out, you 
know: ``Drive high, get a DUI'', ``If you feel different, you 
drive different''.
    I think there is not this, necessarily, public 
consciousness that when people are using marijuana that it has 
an impairing effect on their ability to drive a vehicle. And it 
hearkens back to the 1950s, if you look at research, people 
would say, it was pretty common for them to say, you know, I 
need another martini so I can calm down, I drive better when I 
am impaired.
    I think we have not had that, you know, there has 
absolutely been a shift in perception there. Although impaired 
driving drunk--alcohol impaired driving is too high. We have 
not seen that similar shift for marijuana. It is absolutely 
something that I would intend to double down on. I would also 
look to partner with, I think the National Office of--the 
Office of National Drug Control Policy, to work with them on 
that as well; as well as law enforcement in the states.
    Senator Hickenlooper. Yes, absolutely. I think it is one of 
those lurking giants that is out there, and the country has not 
gotten their arms around the fact that more and more kids are 
smoking pot instead of drinking. You can see alcohol sales, 
beer sales down all over the country, and yet we have no 
national program to really intercede and make sure they 
understand it, that they are not driving better.
    Mr. Morrison. Right, and the poly use is another issue. 
There is compounding factors of alcohol use with drug use that 
also--we also need to be recognized. I do understand there is 
some scientific challenges to really gaining that notion of 
whether or not there is a threshold level.
    Senator Hickenlooper. Well, it is like--it is like alcohol, 
with different size people, that there is some variation there, 
but the science is getting there, and certainly the level of 
impairment can clearly be measured, and calculated against the 
consumption of narcotic.
    Mr. Morrison. Absolutely. And it is an area where I know 
you have been a national leader. I appreciate that, and look 
forward to working with you.
    Senator Hickenlooper. You bet. Mr. Roberti, nationwide, 
PHMSA oversees safe operation of 3 million miles of pipeline, 
17,000 underground storage tanks, more than 160 liquefied 
natural gas facilities. The Colonial Pipeline ransomware attack 
was a stark reminder of the vulnerability of critical 
infrastructure to cyber attacks. PHMSA and pipeline operators 
rely on information provided by the Cybersecurity and 
Infrastructure Security Administration, CISA, as well as the 
private sector.
    Information sharing increases the ability to remain 
resilient against emerging cyber threats, unless extended by 
Congress, authorities under the Cybersecurity Information 
Sharing Act of 2015 is set to expire on September 30, 2025.
    So Mr. Roberti, do you believe any lapse in authorities to 
share cyber threat information would increase risk for pipeline 
operators, and how could PHMSA maintain cyber resilience?
    Mr. Roberti. Well, thank you Senator for the question, and 
I spoke earlier about the critical importance of keeping a very 
focused eye on both physical and cyber security threats. The 
Colonial Pipeline, a perfect example, 45 percent of the energy 
needs of the Northeast come through that pipeline, and the 
interruption of that flow of commodities was significant. The 
coordination among Federal agencies is so important. I cannot 
understate it.
    If you look over the course of the history of this country, 
the greatest vulnerabilities occurred where security agencies 
were not sharing information. I do support sharing. As I say--
stated earlier, I had worked previously on agreements with the 
Department of Homeland Security and Department of 
Transportation.
    I believe we need close coordination and information 
sharing not just with industry, but across the Federal Energy 
Regulatory Commission, the FBI, certainly the Department of 
Energy, and the Department of Homeland Security. I am very 
committed and very motivated to dig in on those questions----
    Senator Hickenlooper. Right.
    Mr. Roberti.--and see where we are. I do not know where we 
are today, but I know that the threats are there. The threat 
vectors are always changing, and I am committed to working 
cooperatively to advance that.
    Senator Hickenlooper. I am out of time. But I do want to 
leave just with, Mr. Morrison, the fact that no Federal 
statutes or regulations that oversee fully autonomous vehicles 
yet coming out of our laboratories of democracy that should be. 
I am going to submit a few questions on that in the written, 
just because we are out of time now. But I think that that is 
another big issue that we are going to have to face.
    I yield back to the Chair.
    The Chairman. Thank you. I will now turn to my friend from 
Massachusetts, who I would note, regularly reminds this 
Committee that the word ``car'' can be a two-syllable word.
    [Laughter.]
    Senator Markey. And it has been resolved and it is always 
about the future.
    [Laughter.]
    Senator Markey. Then you have the accent you can use down 
the park with Joey De Gregorio. That is a different accent as 
Mr. Roberti knows now, which does not have quite that accent. 
So I am bilingual. I am sure Mr. Roberti is as well. You just 
have to know where each accent can be used.
    So I thank you, Mr. Chairman, and just to follow up on the 
Senator from Ohio. Yes, I am--you know, I am an expert on auto 
safety. When I was 5 years old, my father was a truck driver, 
but I grew up in a deregulated era, at five, I was chasing 9-
year-old Charlie Kadiro, and Bobby Olson, two streets away from 
my house, when I got hit by a car, and I was turned into a 
projectile and you can still see where my fingers never quite 
came back together again, the concussion, in the middle of the 
street, somebody picked me up, drove me 100 miles an hour up to 
the emergency room of the Malden Hospital.
    The two things your mother always says, when you are a kid. 
One, if you are ever in an accident, your phone number is MA4-
0815, tell the doctors that. And two, change your underwear 
every day because I will be embarrassed if you are ever in an 
accident.
    So I can hear the doctor on the phone with my mother 
getting permission to operate. And I also can hear the nurses 
decided to unbuckle my belt and I am trying with my broken 
fingers to hold on to it. And then the chloroform went on my 
face. I am an expert on auto safety, on the impacts on 
children, on parents. I am an expert on that to the gentleman 
from Ohio in Malden, Massachusetts, a blue-collar community.
    I can take him there. You can see this still existing blue 
collar community where I live. Now, if there was an emergency 
braking system, maybe that guy who hit me, the car would have 
stopped, and I would not have been hit. Maybe, but to say that 
it will not help in the future is just absolutely wrong. And 
the same way, seat belts, which did not exist when I was a kid, 
airbags did not exist, make children safer in cars, to this 
gentleman from Ohio.
    Technology is our friend. We are technological giants, the 
United States. We can use technology to protect children in our 
country. And the same thing is true for the auto industry, in 
general, they impose a tax on our society. The tax when they 
fight higher fuel economy standards is more pollution that goes 
in the air. The tax on our society, more asthma, more cancers, 
more disease that affects everyone in our society. And that is 
a very high tax.
    When they fight against safety standards, there is a tax, 
and that tax is children who get injured or die because the 
safety measures were not built in. That is a tax which the auto 
industry imposes on our society.
    So Mr. Morrison, do you agree that fuel economy standards 
save drivers money at the gas pump because they are so much 
more efficient?
    Mr. Morrison. I think fuel economy standards is an increase 
in efficiency will have a impact of the gas pump, but they also 
have a very severe upfront cost that also has to be factored 
in.
    Senator Markey. Over the life of the vehicle, do they save 
drivers money at the pump, Mr. Morrison?
    Mr. Morrison. I think it will depend upon the fuel economy 
standard. It will depend upon the technological cost to 
implement those standards.
    Senator Markey. Yes. And here is what I am hearing from 
you. I am hearing that this administration is going to 
institute yet another tax on drivers by pushing gas guzzling 
cars onto the American public. And anyone who cannot admit that 
this means dollars out of drivers' pockets and into big oils' 
profits is just an apologist for the economic factual basis for 
understanding what the life expectancy costs are for driving 
vehicles that are more efficient.
    Just as my mother used to say to me, as a boy: You have to 
learn how to work smarter, not harder, Eddie. And smarter is 
efficient. Smarter is more efficient, appliances, vehicles, 
buildings, air conditioning. It is just smarter. And it is 
technology. And what I see, historically, at NHTSA is just 
aligning with the industry that seeks to stop innovation, stop 
progress, and continue to impose taxes on the American people. 
Safety taxes, disease taxes on those families.
    OK. So that is why I am going to be watching you, Mr. 
Morrison, and everything that you do over there, because you, 
sir, have a very high responsibility in our society, very high. 
To all those millions of kids, all those little 5-year-old 
Eddie Markeys today out there, in terms of looking ahead and 
leading the way and putting the protections in place for them, 
not listening to the auto lobbyists of today, but listening to 
the voices of those children of the future.
    Thank you, Mr. Chair.
    The Chairman. Thank you, Senator Markey. And I would note 
some years ago, Senator Markey and I were the chairman and 
ranker of the Science and Space Subcommittee of this Committee, 
and I had a repeated pattern of not being willing to have space 
hearings without listening to my friend do JFK impressions, 
which made every space issue come true.
    And I do think back to my time in law school in Boston, I 
remember once being on the subway, as they call it the T, and 
this tiny woman who was probably 90 years old, white hair, 
looked at me, asked me if I was in school. I said, yes, ma'am. 
She asked me where; I said, it was at Harvard. And to this day, 
I remember her response: Harvard, smart. That was the entirety 
of the conversation, and as my father would say, Harvard, the 
truck driver, book smart.
    [Laughter.]
    The Chairman. True enough, people need common sense, Eddie.
    Senator Markey. People need common sense and live in the 
real world.
    The Chairman. And there we have we have agreement. I would 
agree with William F. Buckley who said, ``I would rather be 
governed by the first 2,000 names in the Boston phone book than 
by the faculty of Harvard University.'' And that is 
unquestionably true.
    Senator Markey. And the people of Massachusetts are 
governed by those 2,000 names in the phone book, and then they 
choose people who listen to the Harvard and MIT professors 
about the future, especially in technology issues. Thank you, 
Mr. Chairman.
    The Chairman. So a couple of final questions and we are 
going to wrap up.
    Mr. Morrison, in your view what is NHTSA's role in the 
development of autonomous vehicles?
    Mr. Morrison. I think NHTSA needs to play a leadership 
role. uses convening authority to set guidance so that industry 
can follow and lead the pathway to enhanced mobility also needs 
to, once the technology is ready, and once there is a better 
understanding of the technology eventually lead to the 
regulation.
    The Chairman. Mr. Roberti, what would you describe as the 
core mission of PHMSA, and I am going to--I am going to give 
the answer, in my view, the core mission of PHMSA is to ensure 
safety for pipelines in America. There have been radicals at 
that agency who have viewed the mission of PHMSA as using 
safety as a tool to either stop or delay pipelines because they 
oppose the existence of pipelines. I think that is emphatically 
not the purpose of the agency. But what is your view as to the 
core mission?
    Mr. Roberti. As safety appears in the Pipeline Safety Act, 
the core mission of PHMSA is safety, and to instill confidence 
in the American people that these pipeline systems are safe. 
And I commit to doing that.
    The Chairman. Thank you.
    Mr. Barrs, Mr. Morrison, and Mr. Roberti, my final question 
is required of all nominees. If confirmed, do you pledge to 
work collaboratively with this Committee to provide thorough 
and timely responses to the Committee's requests and to appear 
before the Committee when requested?
    Mr. Barrs. Yes, sir.
    Mr. Morrison. Yes, sir.
    Mr. Roberti. Yes.
    The Chairman. Thank you. I have 49 letters of support from 
various organizations for Mr. Barrs', Mr. Morrison's, and Mr. 
Roberti's nominations.
    I ask unanimous consent that they be inserted in the 
hearing record; without objection, so ordered.
    [The information referred to follows:]

  Prepared Statement from the Zero Emission Transportation Association
    Zero Emission Transportation Association (ZETA) is an industry 
coalition representing approximately 50 companies spanning the electric 
vehicle (EV) supply chain end-to-end, including critical mineral and 
material producers, cell and battery manufacturers, vehicle 
manufacturers, charging companies and electric vehicle supply equipment 
(EVSE) providers, utility companies, and battery recyclers. ZETA 
appreciates the opportunity to provide a statement on the hearing on 
the nomination of Jonathan Morrison to be the next head of the National 
Highway Traffic Safety Administration (NHTSA).
    Beyond many critical safety functions, NHTSA is responsible for 
overseeing Corporate Average Fuel Economy (CAFE) standards, landmark 
regulations that have encouraged automakers to build more fuel-
efficient vehicles for nearly 50 years. CAFE standards have effectively 
helped provide consumer savings on fuel costs and limited demand for 
foreign oil, for decades.
    Pursuant to the Energy Policy and Conservation Act of 1975, NHTSA 
was authorized to administer CAFE standards in response to the oil 
embargo of 1973-74 by the Organization of the Petroleum Exporting 
Countries (OPEC); the embargo had resulted in a quadrupling of crude 
oil prices and a 35 percent increase in the average price of gas from 
1973 to 1974.\1\ Since then, CAFE standard rulemakings have been 
continuously promulgated under several Administrations. Under H.R. 1, 
the One Big Beautiful Bill Act, CAFE civil penalties were reduced to 
$0.00, retroactively disrupting market economics for sales of 
alternative fuel vehicles and seemingly nullifying the need for 
automakers to comply with Federal regulation that protects consumers.
---------------------------------------------------------------------------
    \1\ NBC News Wisconsin. 2022. ``Drivers remember 1973-74 oil 
embargo.'' https://www
.nbc26.com/news/local-news/gas-price-tracker/gassed-drivers-remember-
1973-74-oil-embargo
---------------------------------------------------------------------------
    Fuel economy standards are more than just a preventive measure to 
lessen the import of foreign oil. CAFE standards have delivered real 
consumer savings and satisfaction, particularly over the past 25 years. 
According to a Consumer Reports analysis, vehicle efficiency 
improvements since 2001 have driven around $9,000 in fuel savings over 
the lifetime of the vehicle for a new purchase in 2024.\2\ In fact, 66 
percent of Americans in 2024 considered fuel economy important or 
extremely important to them when considering purchasing a new 
vehicle.\3\
---------------------------------------------------------------------------
    \2\ White, Emmitt. January 21, 2025. Road & Track. ``Almost Two-
Thirds of Americans Want Government to Keep Boosting Fuel Economy 
Standards, Study Says.'' https://www.road
andtrack.com/news/a63494232/study-finds-us-drivers-want-better-fuel-
economy/
    \3\ Consumer Reports. January 2025. Fuel Economy 2024 survey. 
https://article.images
.consumerreports.org/image/upload/v1730394977/prod/content/dam/surveys/
Consumer_Re
ports_Fuel_Economy_August_September_2024.pdf
---------------------------------------------------------------------------
    The policy change in H.R. 1 would also remove civil penalties for 
OEMs that have accrued past violations of the ``Minimum Domestic 
Passenger Car'' standard, the one CAFE standard that cannot be 
satisfied with purchased credits. The Domestic Minimum Passenger Car 
standard was put in place to protect American workers' interests in 
ensuring companies commit to building more fuel-efficient passenger 
cars in North America.
    Further, NHTSA sent a letter to manufacturers on July 11th, 
asserting that their interpretation of the text in H.R. 1 would apply 
the new civil penalty of $0.00 retroactively, starting with Model Years 
(MY) 2022.\4\ Removing CAFE civil penalties retroactively implicates 
significant business agreements entered into by nearly every major 
vehicle original equipment manufacturer (OEM) just for the subset of 
model years that would be affected by a retroactive policy change on 
civil penalties between MY2022-MY2026. These are credit sales that have 
already been established and paid for under the policy that has been in 
place for those model years.
---------------------------------------------------------------------------
    \4\ Letter addressed to ``manufacturers'' from Peter Simshauser, 
Chief Counsel, National Highway Traffic Safety Administration, U.S. 
Department of Transportation, July 11, 2025.
---------------------------------------------------------------------------
    This is a major policy change that could throw credit markets into 
turmoil and massively disrupt the U.S. automotive sector. Historically, 
Federal regulatory changes of this magnitude have been accomplished 
through the ``notice and comment'' rulemaking process, with applicable 
lead-time requirements. This abrupt legislative change is a major 
policy shift that will massively disrupt the American automotive 
sector, potentially upending years of strategic investments in past and 
current model year designs.
    ZETA urges members of the Committee and Mr. Jonathan Morrison to 
consider the critical impact of policies like vehicle efficiency 
standards, and encourages the application of metrics at NHTSA to ensure 
compliance with these important regulations. Particularly in light of 
the recent letter from NHTSA to manufacturers, which states the 
agency's intent to reconsider CAFE standards, we hope that the impacts 
of the sudden shifts in Federal policy on businesses and public fuel 
costs are considered during the deliberation of Mr. Morrison's 
nomination for Administrator of the agency.
    ZETA appreciates the Committee's attention to this important issue.
            Sincerely,
                                               Albert Gore,
                                                Executive Director.
                                 ______
                                 
                 Truck and Engine Manufacturers Association
                                   Chicago, Illinois, July 15, 2025

Hon. Ted Cruz,
Chairman,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman and Ranking Member,

    The Truck and Engine Manufacturers Association (EMA) supports the 
nomination of Jonathan Morrison to be Administrator of the National 
Highway Traffic Safety Administration (NHTSA) at the Department of 
Transportation. Mr. Morrison's previous experience as Chief Counsel 
will be extremely valuable to the agency as Congress begins their 
deliberations on a surface transportation reauthorization.
    EMA represents the leading manufacturers of commercial vehicles and 
internal combustion engines, specifically vehicles with a gross vehicle 
weight rating over 10,000 pounds. Our member companies proudly design 
and produce the heavy-duty engines and vehicles that the U.S. trucking 
industry operates to keep America's economy moving.
    NHTSA is crucial in setting and enforcing Federal Motor Vehicle 
Safety Standards for heavy-duty vehicles, addressing aspects such as 
brakes, mirrors, lighting, and occupant protection. EMA and its members 
have a longstanding collaborative relationship with NHTSA and DOT, 
providing data and other technical input on research and rulemakings 
involving heavy-duty safety technologies. We aim to continue working 
with NHTSA under Mr. Morrison's leadership to further enhance 
commercial vehicle safety.
    We look forward to working with Mr. Morrison, NHTSA, and the 
Commerce, Science, and Transportation Committee to ensure the success 
of the agency.
            Respectfully submitted,
                                       Timothy A. Blubaugh.
                                 ______
                                 
                                    ACES Mobility Coalition
                                                     April 14, 2025

Hon. Ted Cruz,
Chairman,
United States Senate Committee on Commerce, Science, and 
Transportation,
Washington DC.
Hon. Maria Cantwell,
Ranking Member,
United States Senate Committee on Commerce, Science, and 
Transportation,
Washington DC.

Re: Support for the Nomination of Jonathan Morrison as Administrator of 
            the National Highway Traffic Safety Administration

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of the public and private members of the ACES Mobility 
Coalition, we write to express our support for the nomination of 
Jonathan Morrison as Administrator of the National Highway Traffic 
Safety Administration (NHTSA). Our coalition includes transit agencies, 
transportation operators, advocates for pedestrian safety and safe 
transportation, new mobility stakeholders, manufacturers, technology 
companies, and real estate developers, who share the goal of fostering 
policies that encourage responsible deployment of autonomous mobility.
    Jonathan Morrison's extensive experience in transportation safety 
and technology, as well as his firsthand experience in NHTSA 
leadership, make him uniquely qualified to lead the agency during this 
pivotal time for mobility innovation.
    As NHTSA's Chief Counsel during President Trump's first term, Mr. 
Morrison demonstrated his ability to navigate complex regulatory 
landscapes while prioritizing public safety. Morrison's eight years in 
legal and regulatory affairs for the California New Car Dealers 
Association, his more recent tenure at Apple, and his experience 
providing automotive advisory services will help him lead NHTSA as the 
agency provides much-needed regulatory clarity to the automotive 
industry, ensuring the United States remains the global leader in 
transportation safety and technological advancement.
    The ACES Mobility Coalition shares Morrison's vision for a future 
where shared autonomous mobility reduces single-occupancy vehicle 
trips, alleviates congestion, enhances transportation networks, and 
improves mobility for all road users. His leadership at NHTSA will be 
instrumental in advancing policies that support safe and scalable 
deployment of autonomous systems, strengthen public transportation 
networks, and bridge gaps in first-and last-mile connectivity.
    The Coalition respectfully urges the Senate Commerce Committee to 
confirm Jonathan Morrison's nomination quickly and looks forward to 
continued engagement with NHTSA under his stewardship. Together, we can 
work toward a safer, more efficient, and innovative transportation 
system for all road users.
            Respectfully,
                                          Scott F. Belcher,
                                                Executive Director,
                                               ACES Mobility Coalition.
                                          https://www.acesmobility.org/
                                 ______
                                 
       Prepared Statement of Anne Reinke, President and CEO, IANA

 Intermodal Industry Supports Nomination of Jonathan Morrison to Lead 
             National Highway Traffic Safety Administration

    CALVERTON, MD (July 16, 2025)--Today, the U.S. Senate Committee on 
Commerce, Science, and Transportation will consider the nomination of 
Mr. Jonathan Morrison to lead the National Highway Traffic Safety 
Administration (NHTSA) at the U.S. Department of Transportation. Mr. 
Morrison previously served as Chief Counsel to NHTSA for three years, 
beginning in 2017, and has also held roles with the California New Car 
Dealers Association and Apple. Intermodal Association of North America 
(IANA) President & CEO Anne Reinke offered the following statement in 
support of the nomination:

    ``Jonathan Morrison has worked both with and within the 
organization he is nominated to lead, giving him a unique perspective 
on the agency's strengths and operations. The Intermodal Association of 
North America (IANA) is pleased to support his nomination to lead the 
National Highway Traffic Safety Administration. Safety is the 
cornerstone of a transportation network that serves both people and 
freight, and Mr. Morrison's experience and expertise in this space will 
benefit all Americans. IANA looks forward to working closely with Mr. 
Morrison and we urge Congress to confirm this important nomination.''
                                 ______
                                 
                             American Trucking Associations
                                       Washington, DC, June 2, 2025

Hon. Ted Cruz,
Chairman,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the American Trucking Associations (ATA), I am writing 
to you today to strongly support the nomination of Jonathan Morrison to 
serve as the next Administrator of the National Highway Traffic Safety 
Administration (NHTSA).
    Mr. Morrison is a strong voice for sensible regulatory action and 
balancing the concerns of the industry. With his experience as Chief 
Counsel at NHTSA during the first Trump Administration, he would bring 
seasoned leadership to NHTSA. His history navigating the complex legal 
and regulatory landscape on behalf of the California New Car Dealers 
Association has equipped him with an understanding of the importance of 
consistent Federal regulations and the consequences of shortsighted 
policies. He will be an invaluable partner as we look towards the 2026 
surface transportation reauthorization effort.
    The more than 3.5 million professional truck drivers are our 
Nation's eyes and ears on the road. One of their top concerns is the 
dangerous rise of distracted driving by the motoring public. The 
trucking industry invests $14 billion in safety-related initiatives and 
training annually, and motor carriers pride themselves on a safety-
first mentality. NHTSA has the opportunity to be a leader in promoting 
safe driving habits on the road by providing necessary resources and 
clear directions to states.
    Morrison will bring critical public and private expertise to NHTSA 
at the dawn of revolutionary safety technology. Interstate by nature, 
the trucking industry needs a Federal framework for testing and 
deployment of autonomous vehicles that considers all road users--
including passenger vehicles, commercial trucks, and buses--as well as 
the supporting infrastructure. As developers continue to submit 
voluntary safety self-assessments, they need an active partnership with 
NHTSA to ensure innovation can thrive and the U.S. will remain a global 
leader in developing this technology. With such high stakes, ATA would 
welcome the leadership of Mr. Morrison at NHTSA.
    Trucking is the lifeblood of our economy and moves over 70 percent 
of the Nation's freight. As the largest national trade organization 
representing over 8.5 million men and women working in the trucking 
industry, ATA strongly encourages the Committee to approve the Morrison 
nomination so that he can be confirmed by the full Senate at the 
earliest opportunity.
            Sincerely,
                                               Chris Spear,
                                                 President and CEO,
                                         American Trucking Associations
cc: Members of the Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                        U.S. Tire Manufacturers Association
                                                      July 15, 2025

Hon. Ted Cruz,
Chairman
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.

RE: USTMA Support for Morrison NHTSA Confirmation

    Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the U.S. Tire Manufacturers Association and our member 
companies, I am pleased to share our full support for the nomination of 
Jonathan Morrison to be the Administrator of the National Highway 
Traffic Safety Administration (NHTSA) at the U.S. Department of 
Transportation.
    Mr. Morrison is a highly qualified and respected leader with 
extensive experience in the automotive sector. His nomination to head 
NHTSA restores critical leadership to an agency that sits at the 
crossroads of renewed attention and progress in the transportation 
sector. We believe Mr. Morrison will return to a sharp focus toward 
regulations that spur competition, safety and much-needed innovation. 
The U.S. Tire Manufacturers Association believes he is an excellent 
candidate and looks forward to supporting him in this capacity.
    Given his unique experiences and keen understanding of our 
industry, we encourage the committee to advance Jonathan Morrison's 
vote to the full Senate so that he may be confirmed as the new NHTSA 
Administrator.
            Sincerely,
                                      Anne Forristall Luke,
                                                 President and CEO,
                                   U.S. Tire Manufacturers Association.
                                 ______
                                 
                       Governors Highway Safety Association
                                       Washington, DC, July 8, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the Governors Highway Safety Association (GHSA), I 
write to express strong support for the nomination of Jonathan Morrison 
to serve as the Administrator of the National Highway Traffic Safety 
Administration (NHTSA).
    GHSA is a national nonprofit association representing every State 
and territorial Highway Safety Office (SHSOs). The SHSOs receive 
highway traffic safety grants from NHTSA to implement behavioral 
highway safety programs.
    Mr. Morrison is a proven safety leader. He demonstrated this in his 
previous role as NHTSA Chief Counsel, where he worked effectively with 
GHSA and SHSOs to prioritize safety and reduce regulatory burdens that 
hinder state-level progress and innovation. His collaborative approach 
and commitment to improving the efficiency of the state highway safety 
grant program allowed critical safety resources to be more effectively 
deployed.
    With more than 40,000 people killed on our roads in 2023 and drunk 
driving deaths up 33 percent since 2019, strong and stable leadership 
at NHTSA is urgently needed. The agency has lacked a Senate-confirmed 
leader for nearly all of the past eight years, even as roadway 
fatalities have reached crisis levels. Mr. Morrison's experience and 
leadership will be instrumental in reversing these trends.
    GHSA urges the Committee and the full Senate to quickly confirm Mr. 
Morrison. If confirmed, we look forward to working with him to advance 
proven roadway safety solutions and ensure every American can travel 
safely on our roads.
            Regards,
                                           Jonathan Adkins,
                                           Chief Executive Officer,
                                  Governors Highway Safety Association.
                                 ______
                                 
              International Association of Chiefs of Police
                                      Alexandria, VA, June 11, 2025

Hon. John Thune,
Majority Leader,
United States Senate,
Washington, DC.

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Charles E. Schumer,
Minority Leader,
United States Senate,
Washington, DC.

Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Majority Leader Thune, Minority Leader Schumer, Chairman Cruz, and 
            Ranking Member Cantwell:

    On behalf of the International Association of Chiefs of Police 
(IACP), I am pleased to offer our endorsement of Mr. Jonathan Morrison 
as Administrator of the National Highway Traffic Safety Administration 
(NHTSA). Mr. Morrison's extensive experience in transportation safety 
and his demonstrated commitment to collaboration make him well-
qualified to lead NHTSA.
    The IACP recently had the opportunity to meet with Mr. Morrison. 
During our discussion, he expressed a clear and thoughtful vision for 
advancing traffic safety across the Nation. He emphasized the 
importance of working in close partnership with state, local, and 
tribal law enforcement agencies to reduce roadway fatalities and 
improve safety outcomes for all road users. He understands the 
challenges faced by policing in traffic safety enforcement and is 
committed to evidence-based strategies.
    If confirmed, Mr. Morrison would bring a well-rounded and informed 
perspective to the role. As NHTSA's Chief Counsel during President 
Trump's first term, he demonstrated a strong grasp of the agency's 
mission and regulatory responsibilities. His career spans both public 
service and private industry--giving him a comprehensive understanding 
of the transportation landscape. This diverse experience positions him 
to foster the kind of collaboration and innovation needed to address 
today's complex traffic safety challenges.
    The IACP firmly believes that Mr. Morrison's track record makes him 
abundantly qualified to lead NHTSA. We are confident that, under his 
leadership, NHTSA will continue to advance its mission of reducing 
traffic related injuries and deaths, ensuring safety, and enhancing 
enforcement.
    The IACP urges the Committee on Commerce, Science, and 
Transportation and the members of the United States Senate to swiftly 
confirm the nomination of Mr. Morrison.
            Sincerely,
                                             Ken A. Walker,
                                                         President,
                                                                  IACP.
                                 ______
                                 
                            Consumer Technology Association
                                       Arlington, VA, June 17, 2025

Hon. Ted Cruz,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of the Consumer Technology Association (CTA) and its more 
than 1200 member companies, I write in support of Jonathan Morrison's 
nomination to lead the National Highway Traffic Safety Administration 
(NHTSA). CTA is North America's largest technology trade association 
representing the U.S. consumer technology industry, which supports over 
18 million U.S. jobs. Our members include companies driving vehicle 
innovation--from manufacturers and software firms to transportation 
platforms and component makers.
    Mr. Morrison brings deep expertise to the role. As NHTSA Chief 
Counsel during the first Trump administration, he helped shape policy 
and rules on advanced vehicle technologies and automated vehicles. His 
leadership will be vital as NHTSA works to modernize Federal Motor 
Vehicle Safety Standards, streamline crash reporting under the Standing 
General Order, and build a strong regulatory framework for AVs.
    We believe Mr. Morrison is well suited to lead NHTSA and urge the 
Senate to confirm his nomination.
            Sincerely,
                                           Gary J. Shapiro,
                                                CEO and Vice Chair,
                                       Consumer Technology Association.
                                 ______
                                 
                                Daimler Truck North America
                                        Portland, OR, July 11, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate
Washington DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of Daimler Truck North America (DTNA), I am writing to 
express our strong support for the nomination of Jonathan Morrison for 
Administrator of the National Highway Traffic Safety Administration 
(NHTSA).
    DTNA is the largest commercial vehicle manufacturer in the United 
States, with over 40 percent market share in the Class 7 and 8 heavy-
duty on-highway segment. This market leadership means that fully 30 
percent of America's goods are delivered using our products daily. 
Whether it's hauling freight, transporting people, or building and 
maintaining critical infrastructure, our truck and bus brands, 
including Freightliner, Western Star, Thomas Built Buses, Freightliner 
Custom Chassis, and Detroit Diesel, are trusted by our Nation's fleets. 
Our 18,000 U.S. employees are dedicated to keeping America moving. DTNA 
strongly believes in investing in America to drive economic growth, 
create jobs, and ensure a stable and prosperous future for all 
Americans.
    As the market leader, DTNA has a long history of working closely 
with NHTSA and recognizes the enormous responsibilities of the 
Administrator. Having worked with Mr. Morrison in his previous capacity 
as Chief Counsel of NHTSA, we believe strongly of Mr. Morrison's 
exceptional leadership and vision.
    DTNA is confident that under Mr. Morrison's leadership, the 
American people will benefit from his tireless work and commitment to 
service. DTNA strongly encourages you to support Mr. Morrison's swift 
nomination and we look forward to the positive impact he will bring to 
NHTSA.
    DTNA eagerly anticipates working with the Committee, President 
Trump, and NHTSA on advancing policies and regulations, including 
through the upcoming Surface Transportation Reauthorization, that will 
support reliable transportation nationwide, the economy, roadway 
safety, and innovation.
            Sincerely,
                                              John O'Leary,
                                                 President and CEO.

CC: Jonathan Morrison, Nominee, Administrator of National Highway 
Traffic Safety Administration
                                 ______
                                 
                         Alliance for Automotive Innovation
                                      Washington, DC, July 14, 2025

Hon. Ted Cruz,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington DC.
Hon. Maria Cantwell,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of Alliance for Automotive Innovation, I write to urge 
the United States Senate to swiftly confirm Jonathan Morrison, 
President Trump's nominee for Administrator of the National Highway 
Traffic Safety Administration (NHTSA).
    Alliance for Automotive Innovation represents the auto 
manufacturers producing nearly all vehicles sold today in the U.S., as 
well as major equipment suppliers, battery manufacturers, semiconductor 
makers, and autonomous vehicle and technology corporations.
    Automaking is America's largest manufacturing sector and underpins 
our industrial base. The sector employs 10 million Americans in all 50 
states. We build 10.3 million vehicles annually--here at home--and 
export 1.5 million. The industry generates five percent of U.S. GDP and 
drives $1.2 trillion into the economy annually.
    Mr. Morrison has the right background to lead NHTSA at this moment.
    He previously served as the agency's chief counsel where he worked 
on a range of automotive policy and regulatory matters. He also has 
firsthand experience working inside the automotive industry to develop 
next-generation automotive safety technologies.
    Mr. Morrison is committed to a partnership between the automotive 
industry and others to advance shared goals: saving lives, reducing 
crashes, and deploying the safest and most advanced vehicles ever.
    He will prioritize a regulatory environment that supports 
innovation and maintains American leadership in next-generation 
automotive safety technologies. He also understands the importance of 
predictable and balanced fuel economy standards that reflect current 
market dynamics.
    NHTSA needs leadership committed to keeping the U.S. auto industry 
healthy and competitive--and in a position to guarantee the country's 
economic and national security.
    I'm confident these will be priorities during Mr. Morrison's 
tenure. Thank you for your support of this nomination.
            Sincerely,
                                             John Bozzella,
                                                 President and CEO,
                                    Alliance for Automotive Innovation.
                                 ______
                                 
              Intelligent Transportation Society of America
                                                      June 11, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate
Washington, DC.

    On behalf of the Intelligent Transportation Society of America (ITS 
America), I write to express our enthusiastic support for the 
nomination of Jonathan Morrison to serve as Administrator of the 
National Highway Traffic Safety Administration (NHTSA). Mr. Morrison's 
previous tenure as Chief Counsel at NHTSA as well as his deep 
experience at the intersection of industry, technology, and policy will 
position him for strong success leading the agency.
    In his previous roles at NHTSA and the U.S. Department of 
Transportation, Mr. Morrison displayed a strong commitment to improving 
transportation safety. He played a pivotal part in shaping safety 
policy for automated vehicles, vehicle communications systems, and 
advanced driver-assistance technologies. His efforts helped lay the 
groundwork for thoughtful Federal engagement in these areas, furthering 
public sector and industry efforts to utilize these technologies for 
substantial safety benefits for the traveling public. We are confident 
that he will continue to remain engaged on these critical opportunities 
as NHTSA Administrator, just as we believe he will underscore 
transportation safety as NHTSA's top regulatory priority.
    Additionally, Mr. Morrison's extensive private sector experience 
will be an essential enabler of coordination between Federal regulators 
and industry as emerging technologies are implemented in scaled 
throughout our national passenger vehicle fleet. As NHTSA faces the 
dual challenge of addressing historic roadway fatalities while 
preparing for a more automated and connected transportation future, Mr. 
Morrison is uniquely positioned to bridge policy, technology, and 
industry engagement. He understands the importance of Federal 
leadership, public-private coordination, and performance-based 
regulation--each vital to ensuring that innovation is utilized to serve 
the public good.
    We are confident that, under Mr. Morrison's leadership, NHTSA will 
continue to uphold its core mission while evolving to meet the safety 
challenges and opportunities of the 21st century. We urge the Senate to 
swiftly confirm his nomination.
            Sincerely,
                                               Laura Chace,
                                                 President and CEO,
                         Intelligent Transportation Society of America.
                                 ______
                                 
                             American Trucking Associations
                                                       July 9, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the American Trucking Associations (ATA), I write to 
offer ATA's full support for the nomination of Derek Barrs to be 
Administrator of the Federal Motor Carrier Safety Administration 
(FMCSA) of the U.S. Department of Transportation (USDOT).
    With nearly two decades of experience in law enforcement and the 
commercial motor vehicle sector, Mr. Barrs' career has been defined by 
his emphasis on making our roads safer for all motorists. He has a 
proven track record of strengthening ties between the trucking industry 
and public safety officers to address top transportation challenges 
such as drug impairment, cargo theft, and human trafficking.
    Mr. Barrs has served in various law enforcement capacities for the 
Florida Department of Transportation and Florida Highway Patrol. Most 
recently, he has been a consultant on traffic-related and commercial 
motor vehicle safety projects across numerous states. He has also been 
an active member of ATA's Law Enforcement Advisory Board since 2021, 
and he has been an active member of the Commercial Vehicle Safety 
Alliance in multiple roles, including serving as the President of the 
Associate Members, where he represented motor carriers and suppliers.
    Mr. Barrs' deep knowledge of the trucking industry and his 
collaborative approach will make him an invaluable asset to USDOT. 
Under his leadership, ATA is confident that FMCSA will make significant 
progress towards achieving our shared priorities of improving highway 
safety and efficiently delivering the Nation's freight.
    Mr. Barrs would make a superb FMCSA administrator and support the 
8.5 million hardworking men and women employed in the trucking industry 
in every state. We urge members of the Committee to swiftly report his 
nomination favorably to the full Senate for consideration.
            Sincerely,
                                               Chris Spear,
                                                 President and CEO,
                                        American Trucking Associations.

cc: Members of the Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                    Commercial Vehicle Training Association
                                                       July 9, 2025

Hon. Ted Cruz,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the Commercial Vehicle Training Association (CVTA), I 
am writing to express our strong support for the confirmation of Chief 
Derek Barrs as the next Administrator of the Federal Motor Carrier 
Safety Administration (FMCSA). We believe Chief Barrs is uniquely 
qualified to lead FMCSA, particularly in the critical area of Entry-
Level Driver Training (ELDT) enforcement: an issue of paramount 
importance to CVTA's national membership.
    As the Nation's largest association of professional truck driver 
training schools, CVTA is committed to ensuring that all new drivers 
are properly trained and that bad actors who undermine safety standards 
are held accountable. Unfortunately, despite the safety benefits of the 
ELDT Rule, we have long been concerned about inconsistent enforcement 
and the continued presence of substandard training providers on the 
FMCSA's Training Provider Registry (TPR).
    Chief Barrs' distinguished background in law enforcement, 
particularly his leadership in Florida enforcing trucking regulations, 
positions him as a leader capable of driving meaningful progress in 
this area. His extensive experience managing and overseeing complex law 
enforcement initiatives will be invaluable in ramping up enforcement 
actions against non-compliant training providers. We are confident that 
Chief Barrs will bring a strong, solutions-oriented approach to FMCSA's 
enforcement practices, ensuring that bad actors who are placing 
unqualified drivers on the road are swiftly identified and removed from 
the TPR.
    CVTA believes that Barrs' law enforcement background equips him 
with the necessary tools to not only ensure that entities are licensed, 
but also to take the next critical step in investigating and auditing 
training programs that may be operating outside the bounds of the law. 
His ability to lead strategic, targeted enforcement efforts will help 
safeguard public safety and reinforce the integrity of our industry.
    Given his background, commitment to safety, and understanding of 
the importance of effective regulation, we are confident that Chief 
Barrs is the right person to lead FMCSA at this pivotal moment in the 
enforcement of the ELDT Rule. We strongly urge you to support his 
confirmation as Administrator.
    Thank you for your attention to this matter and for your ongoing 
support of policies that promote safety and professionalism within the 
commercial vehicle industry.
            Sincerely,
                                          Andrew Poliakoff,
                                                Executive Director,
                               Commercial Vehicle Training Association.
                                 ______
                                 
                  Transportation Intermediaries Association
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    The Transportation Intermediaries Association (TIA) strongly 
supports the nomination of Derek Barrs as Administrator of the Federal 
Motor Carrier Safety Administration (FMCSA). With over 30 years of law 
enforcement experience, including his tenure as Chief of the Florida 
Highway Patrol, Mr. Barrs brings a proven record of leadership across 
both the public and private sectors. His service with the American 
Trucking Associations' Law Enforcement Advisory Board, the Florida 
Trucking Association, and the Flagler Sheriff's Employee Assistance 
Trust Board further demonstrates his deep commitment to transportation 
safety and the success of the industry.
    Mr. Barrs' expertise in transportation policy and safety uniquely 
positions him to lead FMCSA in addressing the complex challenges facing 
the third-party logistics (3PL) industry. TIA looks forward to working 
with FMCSA and Congress to combat freight fraud, promote fair market 
competition, and modernize the Safety Fitness Determination (SFD) 
process. His forward-thinking leadership will be essential in 
protecting both the supply chain and the traveling public.
Combating Supply Chain Theft and Strategic Fraud
    Since the onset of the COVID-19 pandemic, cargo theft has evolved 
into highly sophisticated, coordinated criminal activity. TIA's 2025 
State of Fraud in the Industry report documents a staggering 1,500 
percent increase in fraud since 2021, with consumer losses now 
exceeding $35 billion annually. In the first quarter of 2025 alone, 
Highway reported 561 unauthorized carrier login attempts from 42 
countries outside North America--a clear sign that freight fraud is now 
a global threat.
    These criminal schemes today extend far beyond physical theft to 
include system manipulation, carrier impersonation, payment diversion, 
and exploitation of regulatory gaps. These activities not only inflate 
costs but also jeopardize the integrity of the supply chain. TIA 
strongly supports restoring FMCSA's authority to penalize fraudulent 
actors and urges the establishment of a multi-agency task force to 
enhance enforcement and improve cross-agency-jurisdictional 
coordination.
Protecting Consumers and Market Competition
    TIA opposes the Biden Administration's proposed rule, Transparency 
in Property Broker Transactions, which would require brokers to 
disclose confidential business information, including pricing 
structures and margins. This mandate would stifle competition, expose 
proprietary business data, and ultimately harm consumers without 
delivering measurable public benefits.
    Beyond the immediate economic impact, FMCSA's proposed rule also 
raises serious concerns regarding business privacy, operational 
security, and the potential for future regulatory overreach. Requiring 
private companies to disclose proprietary contract terms would erode 
long-standing protections for confidential business information, 
disrupt established business relationships, stifle innovation, and 
create a dangerous precedent for unnecessary government intervention 
across other sectors.
Modernizing the Safety Fitness Determination (SFD)
    The current three-tier SFD system is outdated, lacks transparency, 
and does not reflect the realities of today's logistics industry. TIA 
supports transitioning to a simplified, two-tier rating system--``Fit'' 
or ``Unfit''--that relies on real-time safety data from inspections, 
crash reports, and electronic logging devices.
    A modernized system would improve roadway safety, provide brokers 
with clearer and more reliable carrier assessments, and help reduce 
liability risks. TIA urges FMCSA to engage closely with industry 
partners throughout this modernization process to ensure the revised 
system is practical, data-driven, and aligned with real-world 
operations.
    For over 47 years, TIA has championed policies that support a 
safer, more efficient, and competitive supply chain. Mr. Barrs' 
nomination presents a valuable opportunity to address organized freight 
fraud, protect market fairness, and modernize critical safety 
oversight. TIA stands ready to work with FMCSA, Congress, and the Trump 
Administration to advance these shared priorities and build a stronger, 
safer future for freight transportation.
            Respectfully,
                                           Chris Burroughs,
                                                 President and CEO,
                       Transportation Intermediaries Association (TIA).
                                 ______
                                 
Chairman Ted Cruz,
Ranking Member Maria Cantwell,
United States Senate,
Commerce, Science, and Transportation Committee,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    We write in regard to President Trump's nomination of Mr. Paul 
Roberti to serve as the administrator of the Pipeline and Hazardous 
Materials Safety Administration (PHMSA). On behalf of the American Gas 
Association,\1\ the American Fuel & Petrochemical Manufacturers,\2\ the 
American Petroleum Institute,\3\ the American Public Gas 
Association,\4\ GPA Midstream Association,\5\ the Interstate Natural 
Gas Association of America,\6\ and the Liquid Energy Pipeline 
Association,\7\ we encourage your expedited consideration of this 
highly qualified nominee.
---------------------------------------------------------------------------
    \1\ For more information, visit www.aga.org.
    \2\ For more information, visit www.afpm.org.
    \3\ For more information, visit www.api.org.
    \4\ For more information, visit www.apga.org.
    \5\ For more information, visit www.gpamidstream.org.
    \6\ For more information, visit www.ingaa.org.
    \7\ For more information, visit www.liquidenergypipelines.org.
---------------------------------------------------------------------------
    The members of our associations partner with PHMSA to ensure our 
country has safe and reliable pipelines, delivering the energy 
Americans need. Collectively, we engage with PHMSA in many ways, such 
as commenting on impactful regulatory actions, supporting research and 
development, and collaborating on grant opportunities. With appropriate 
consideration of industry input, PHMSA can be an invaluable partner. We 
believe Mr. Roberti's background and leadership position him to 
strengthen and guide the agency during this pivotal time for pipeline 
safety.
    Mr. Roberti's experience also sets him up to be a successful 
administrator. Prior to his nomination, Roberti served as Chief Counsel 
at PHMSA, where he played a crucial role in shaping regulatory policy 
and ensuring the safe transport of energy through pipelines. His public 
service career also includes a tenure as Assistant Attorney General in 
Rhode Island and as a Commissioner on the Rhode Island Public Utilities 
Commission, where he oversaw critical infrastructure and utility 
regulation.
    In summary, Mr. Roberti's deep understanding of PHMSA and pipeline 
safety regulations, prior experience in the organization, as well as 
his personal commitment to pipeline safety are key assets for him to 
lead the agency. We endorse his nomination, and we respectfully urge 
the Committee to move expeditiously in considering this nomination.
            Sincerely,

American Gas Association

American Fuel & Petrochemical Manufacturers

American Petroleum Institute

American Public Gas Association

GPA Midstream Association

Interstate Natural Gas Association of America

Liquid Energy Pipeline Association
                                 ______
                                 
                                   American Bus Association
                                                       July 9, 2025
Hon. Ted Cruz,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chair Cruz and Ranking Member Cantwell:

    On behalf of the American Bus Association (ABA), I write to express 
our strong support for the nomination of Derrek Barrs to serve as 
Administrator of the Federal Motor Carrier Safety Administration 
(FMCSA).
    Founded in 1926, ABA is the leading national trade association 
representing the private motorcoach and group travel industries. Our 
members provide environmentally efficient, safe, and vital 
transportation to hundreds of millions of passengers each year across 
intercity, charter, tour, and commuter services. The industry 
encompasses a wide range of operators--from small, family-owned 
companies to large national carriers--serving both rural and urban 
communities alike.
    ABA has a long history of constructive engagement with FMCSA on 
issues ranging from vehicle safety and regulatory compliance to 
workforce development, educational outreach and emergency response 
coordination. We believe Mr. Barrs' background--as a seasoned law 
enforcement official and elected transportation industry representative 
within a national trade association--positions him exceptionally well 
to lead the agency during a pivotal time. He brings a steady, pragmatic 
approach to safety oversight, and stakeholder engagement that is both 
collaborative and grounded in real-world understanding.
    As we look ahead, ABA is eager to work with Administrator Barrs on 
key priorities critical to the motorcoach industry's safe and 
sustainable future, including:

   Ensuring Appropriate Regulatory Distinctions: Motorcoach 
        operations differ significantly from freight trucking. FMCSA 
        policy must reflect the unique safety and operational profile 
        of passenger carriers.

   Maintaining Federal Preemption in Driver Hours Rules: A 
        consistent national framework is essential to protect safety, 
        reduce legal uncertainty, and avoid conflicting state mandates.

   Reconsideration of Speed Limiter Mandates: We support 
        efforts to withdraw or revise proposals that would impose 
        truck-based speed restrictions on motorcoach carriers.

   Improving Implementation of English Language Proficiency 
        Rules: Greater clarity and consistency in enforcement would 
        help support safety without compounding workforce challenges.

   Reinvesting in FMCSA's Passenger Carrier Division: 
        Strengthening leadership and staff capacity is vital to 
        improving outreach, oversight, and engagement with the 
        passenger sector.

    We look forward to engaging directly with Administrator Barrs and 
FMCSA leadership in the weeks ahead and building a strong, solutions-
oriented partnership to advance shared goals around safety, 
accessibility, and regulatory clarity.
    Thank you for your consideration of Mr. Barrs' nomination. ABA 
stands ready to support the Committee's work and contribute industry-
informed insights to help FMCSA fulfill its mission.
    Thank you for your consideration.
                                             Fred Ferguson,
                                                 President and CEO,
                                              American Bus Association.
                                 ______
                                 
                              Women In Trucking Association
                                                      July 14, 2025

Hon. Ted Cruz,
Hon. Maria Cantwell,
U.S. Senate Commerce Committee,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the Women In Trucking Association (WIT), I write to 
express our strong endorsement for Chief Derek Barrs of Florida to 
serve as the next Administrator of the Federal Motor Carrier Safety 
Administration (FMCSA). WIT is a trade association of over 8,000 
members with the mission to advance the employment of women in 
trucking, eliminate barriers, and celebrate successes.
    Given Chief Barrs' expertise, hands-on vehicle enforcement 
experience and commitment to commercial vehicle operator safety, we 
believe Chief Barrs is a strong pick to lead FMCSA, to address the 
plethora of issues facing an industry that is inextricably tied to not 
only the continued economic success of our country, but to global 
supply chains as well.
    Women In Trucking remains committed to common sense public policies 
related to increasing truck driver parking capacity, security of truck 
drivers both on and off the road, workforce development initiatives to 
foster opportunities for both men and women and, of course, safety for 
all aspects of the trucking ecosystem. WIT believes that Chief Barr's 
law enforcement expertise and broad experience in both the public and 
private sectors will serve him well as FMCSA balances the interests of 
a broad set of stakeholders in a dynamic and evolving industry. It is 
paramount that the FMCSA incorporate the perspectives of a broad group 
of stakeholders when initiating new programs, enforcement and 
compliance actions, and current regulatory obligations.
    Finally, please know that WIT remains willing to serve as a 
resource to the Commerce Committee on trucking related issues under the 
purview of the FMCSA, and broader USDOT issues as appropriate.
            Sincerely yours,
                                          Jennifer Hedrick,
                                                 President and CEO.
                                 ______
                                 
                               Truckers Against Trafficking
                                       Englewood, CO, July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
U.S. Senate.

Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate.

Dear Chairman Cruz and Ranking Member Cantwell,

    Truckers Against Trafficking (TAT) conveys strong support for the 
nomination of Derek Barrs for the role of FMCSA administrator and 
encourages the Senate Committee on Commerce, Science, and 
Transportation to advance his nomination to the full Senate for 
approval as soon as possible.
    TAT is a nonprofit organization that educates, equips, empowers and 
mobilizes members of key industries and agencies to combat human 
trafficking. We work alongside key leaders in the commercial vehicle 
industry as well as with commercial vehicle enforcement agencies 
throughout the Nation seeking to make our Nation's roadways safe from 
exploitation and human trafficking.
    FMCSA's primary mission is to prevent commercial motor vehicle-
related fatalities and injuries. Mr. Barrs's experience and exceptional 
leadership with the Florida Highway Patrol demonstrate his commitment 
to this mission. Beyond that, another one of FMCSA's high priorities 
has been and continues to be the prevention of human trafficking. Mr. 
Barrs partnered with TAT when he was Chief of the Commercial Vehicle 
Enforcement unit of the Florida Highway Patrol to raise awareness about 
this crime to members of the commercial vehicle industry traveling 
throughout his state.
    Mr. Barrs continued his advocacy for prevention and intervention of 
this crime after he retired and began working in the private sector, 
making introductions to law enforcement leaders throughout the Nation 
and encouraging their participation in both the Commercial Vehicle 
Safety Alliance's Human Trafficking Awareness Initiative as well as 
with TAT for ongoing awareness and prevention measures. If confirmed, 
TAT looks forward to working with Mr. Barrs in this new role to help 
keep our Nation's roadways safe for all.
    If you have further questions or comments, please do not hesitate 
to contact me by phone at 918-695-2153 or by e-mail at 
[email protected].
            Respectfully,
                                              Kylla Lanier,
               Deputy Director/Senior Director of External Affairs,
                                          Truckers Against Trafficking.
                                 ______
                                 
                          Coalition for Reimagined Mobility
                                                      June 13, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate
Washington, DC.

Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz, Ranking Member Cantwell, and Members of the 
        Committee:

    The Coalition for Reimagined Mobility (ReMo) is pleased to submit 
this letter in strong support of the nomination of Jonathan Morrison to 
serve as Administrator of the National Highway Traffic Safety 
Administration (NHTSA).
    ReMo is a bipartisan initiative of the nonprofit organization SAFE, 
that is committed to transforming how people and goods move by 
accelerating the adoption and scale of innovative transportation 
technologies. Through cross-sector collaboration, industry-leading 
research, and forward-looking policy development, ReMo identifies and 
addresses barriers to progress. Its work drives solutions that enhance 
economic competitiveness, strengthen national security, and foster 
mobility innovation--advancing a 21st-century transportation system 
that is safe, secure, efficient, and sustainable.
    ReMo views safety as a foundational pillar of future mobility and 
recognizes NHTSA's critical role in ensuring that regulatory frameworks 
evolve alongside rapid technological change. A key priority in this 
effort must be the establishment of a comprehensive Federal framework 
for automated vehicle (AV) technologies. Such a framework is essential 
to provide regulatory certainty for industry, enable responsible 
scaling of the technology, and unlock the broad societal benefits AVs 
can deliver--from expanded mobility access to reduced crashes and 
emissions. Without Federal leadership, innovation risks being 
constrained by a patchwork of state-level rules, undermining both 
safety outcomes and U.S. competitiveness.
    Mr. Morrison's extensive background in transportation safety, 
including his prior service as Chief Counsel at NHTSA, makes him 
exceptionally qualified to lead the agency at a time when Federal 
leadership is urgently needed. His experience spans both the public and 
private sectors, and he brings a practical understanding of how to 
uphold safety standards while enabling innovation in vehicle 
technologies.
    Stakeholders across the transportation ecosystem--including 
automakers, safety advocates, and state and local officials--have 
expressed confidence in Mr. Morrison's qualifications and steady 
leadership. ReMo shares that confidence and believes his confirmation 
would bring much-needed stability and vision to the agency.
    ReMo urges the Senate to confirm Mr. Morrison without delay. 
NHTSA's mission to reduce roadway fatalities and ensure the safe 
deployment of new mobility technologies cannot wait. ReMo believes Mr. 
Morrison will bring principled, experienced leadership to these 
pressing challenges, and we look forward to working together.
            Sincerely,
                                                 Avery Ash,
                                                Executive Director,
                              Coalition for Reimagined Mobility (ReMo).
                        Senior Vice President of Government Affairs
                                           and Special Initiatives,
                                             SAFE [email protected]
                                            Ashley Simmons,
                                                   Deputy Director,
                               Coalition for Reimagined Mobility (ReMo)
                                        [email protected]
                                 ______
                                 
                                         Responsibility.org
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation
United States Senate.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the Foundation for Advancing Alcohol Responsibility 
(Responsibility.org), I extend our enthusiastic support for Jonathan 
Morrison to be confirmed as Administrator of the National Highway 
Traffic Safety Administration (NHTSA). We appreciate the Committee 
prioritizing the appointment of a strong leader for this agency, which 
is critical to ensure a committed, comprehensive approach to solving 
our Nation's roadway safety crisis.
    For over 30 years, it has been the mission of Responsibility.org to 
eliminate drunk driving and underage drinking. We are a national, not-
for-profit organization funded by the following leading distillers: 
Bacardi U.S.A., Inc.; Beam Suntory; Brown-Forman; Campari Group; 
Constellation Brands, Inc.; DIAGEO; Edrington; Hotaling & Co.; Mast-
Jagermeister US; Moet Hennessy USA; Ole Smoky; Pernod Ricard USA; and 
William Grant & Sons.
    We believe Mr. Morrison's extensive experience, including serving 
as NHTSA's chief counsel during President Trump's first term, 
demonstrate his understanding of the agency and underpin his commitment 
to traffic safety. In our fight to end impaired driving and underage 
drinking, we pledge our commitment to work with Mr. Morrison and like-
minded stakeholders to implement priorities such as the Advanced 
Impaired Driving Prevention Technology Rulemaking required by the 
bipartisan HALT Drunk Driving Law.
    The NHTSA Administrator is a key position for the traffic safety 
community and has not been filled by a Senate confirmed leader for much 
of the past eight years. We are confident that by working together, we 
can make significant strides in preventing impaired driving and 
creating safer roads for all Americans. If we can be of any further 
assistance, please do not hesitate to contact Kelly Poulsen 
([email protected]).
            Sincerely,
                                            Leslie Kimball,
                                                Executive Director,
                                                     Responsibility.org
                                 ______
                                 
    National Association of Pipeline Safety Representatives
                                                      July 15, 2025

Senator Ted Cruz,
Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Re: Nomination and Confirmation of Paul Roberti as PHMSA Administrator

Dear Senator Cruz and Committee Members:

    The National Association of Pipeline Safety Representatives 
(NAPSR), established in 1982, is an organization of state agency 
pipeline safety managers, directors, and technical personnel who are 
responsible for the administration of their state's Pipeline Safety 
Programs. NAPSR's mission is ``to strengthen state pipeline safety 
programs through promotion of improved pipeline safety standards, 
education, training, and technology'' and provides an effective 
mechanism for fostering the federal/state partnership between state 
pipeline safety programs and the Pipeline and Hazardous Materials 
Safety Administration (PHMSA).
    The state agencies that have partnerships with PHMSA are 
responsible for pipeline safety oversight of approximately\1\:
---------------------------------------------------------------------------
    \1\ Based on 2024 PHMSA Annual Report data.

   93 percent of U.S. total (102,988 miles) of jurisdictional 
---------------------------------------------------------------------------
        gas gathering pipelines,

   35 percent of U.S. total (103,713 miles) of gas transmission 
        pipelines, and

   >99 percent of U.S. total (2,361,946 miles) of gas 
        distribution main and service pipelines.

    Additionally, NAPSR members have safety oversight of 80 percent of 
the liquified natural gas (LNG) plants (147) and 71 percent of the LNG 
tanks (194) in the United States.
    The responsibility for oversight and legal jurisdiction (by 
certifications or agreements with PHMSA) of these pipelines is borne by 
all NAPSR member states. As PHMSA partners, the state members of NAPSR 
have an interest in developing and enforcing regulations that not only 
increase pipeline safety, but that are fair, clear, unambiguous, and 
consistent.
    NAPSR has been made aware of the upcoming confirmation hearing to 
consider Mr. Paul Roberti as the incoming Administrator of the Pipeline 
and Hazardous Materials Safety Administration (PHMSA). NAPSR would like 
to take the opportunity to communicate our support for Mr. Roberti as 
he moves through the confirmation process. Many of NAPSR's state 
pipeline safety program managers have had interactions with Mr. Roberti 
since 1991 when he was a member of the Rhode Island Public Utilities 
Commission as a Commissioner, then subsequently during his time at 
PHMSA as the Chief Counsel. Mr. Roberti has also been active within the 
National Association of Regulatory Utility Commissioners (NARUC) where 
he interacted with the state pipeline safety program managers. Mr. 
Roberti has demonstrated an understanding of regulated utility and 
pipeline operations and has consistently supported a responsible 
regulatory environment that encourages and enhances public safety. 
NAPSR believes that this understanding of state pipeline safety 
programs, state commissions, and pipeline operations, including the 
challenges faced by each, is valuable when considering his 
qualifications for Administrator. Mr. Roberti's prior position as Chief 
Legal Counsel for PHMSA has also provided him with experience in 
dealing with various Federal safety aspects relating to the 
transportation of hazardous materials that fall within PHMSA's 
jurisdiction. Mr. Roberti has always been professional and enthusiastic 
when discussing pipeline safety issues with members of the NAPSR 
organization. NAPSR supports the consideration of Mr. Roberti for the 
position of Administrator of PHMSA. If confirmed, we look forward to 
continuing NAPSR's relationship with Mr. Roberti in this new role.
    Thank you for your consideration. Please feel free to reach out to 
me or Mr. Robert Clarillos (NAPSR Administrative Manager) if you have 
any questions.
            Sincerely,
                                             David Chislea,
                                              NAPSR National Chair,
                                                  [email protected]
C: Robert Clarillos, [email protected]
Maria Cantwell, Senate Committee Ranking Member
NAPSR Officers and Board of Directors
                                 ______
                                 
             Owner-Operator Independent Drivers Association
                                    Grain Valley, MO, July 14, 2025

Hon. Ted Cruz,
Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
RE: Letter of support for Mr. Derek Barrs as Administrator of the 
            Federal Motor Carrier Safety Administration

Dear Chairman Cruz and Ranking Member Cantwell:

    The Owner-Operator Independent Drivers Association (OOIDA) is the 
largest trade association representing the views of small-business 
truckers and professional truck drivers. We have approximately 150,000 
members located in all fifty states that collectively own and operate 
more than 240,000 individual heavy-duty trucks.
    We are writing to express our strong support for Derek Barrs to be 
confirmed as Administrator of the Federal Motor Carrier Safety 
Administration (FMCSA). Mr. Barrs' experience as a law enforcement 
officer, as a member of the Commercial Vehicle Safety Alliance (CVSA), 
and in other roles throughout the trucking and transportation sectors 
give him a well-rounded background to understand the important and 
complex issues facing our industry today. During Mr. Barrs' time as a 
leader at CVSA, we appreciated his willingness to hear the concerns of 
small-business truckers and take them into account during the 
Alliance's work, and we believe he will continue this commitment to 
working with the men and women who make their living behind the wheel 
as Administrator.
    Given his knowledge and experience in the industry, we believe Mr. 
Barrs will be able to carry out commonsense, cost-effective initiatives 
that are already underway at FMCSA. In particular, we look forward to 
working with Mr. Barrs as FMCSA implements the initiatives, pilot 
programs, and regulatory updates announced by Secretary Duffy on June 
27th as part of the U.S. Department of Transportation's pro-trucker 
policy package, as well as the President's previously-announced 
executive order regarding English Language proficiency. Truckers have 
asked for these regulatory actions for years, which include things like 
withdrawing an unsafe and unpopular speed limiter mandate proposal and 
providing overdue transparency and fairness to the DataQ process. 
Further, we know he understands that bolstering driver training and 
licensing requirements is critical for improving highway safety. With 
Mr. Barr's confirmation, we believe FMCSA will finally make progress on 
these priorities.
    We also look forward to working with Mr. Barrs on a critical broker 
transparency rulemaking to ensure that small-business truckers can 
protect themselves against fraud and other unfair practices. This 
rulemaking process dates back to August 2020, when OOIDA's petition to 
initiate a rulemaking was granted by FMCSA during President Trump's 
first term. We strongly support the Notice of Proposed Rulemaking 
(NPRM) later issued in 2024 (Docket # FMCSA-2023-0257, ``Transparency 
in Broker Transactions''), and hope that Mr. Barrs will focus on this 
issue at FMCSA. Improving transparency regulations will enable carriers 
to verify claims charged against them after they finish hauling a load 
and better identify fraudulent activity that has plagued our industry.
    Given his past experience and demonstrated commitment to working 
with small trucking businesses and professional drivers, we encourage 
your Committee to approve Mr. Barrs' nomination without delay.
    Thank you,
                                              Todd Spencer,
                                                 President and CEO,
                   Owner-Operator Independent Drivers Association, Inc.

cc: Members of the Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                               National Tank Truck Carriers
                                                      July 11, 2025

Chairman Ted Cruz,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Ranking Member Maria Cantwell,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC

Chairman Cruz and Ranking Member Cantwell:

    The National Tank Truck Carriers (NTTC) expresses its strong 
support for Derek Barrs to serve as the Administrator of the Federal 
Motor Carrier Safety Administration (FMCSA). As the leading voice of 
the American tank truck industry, NTTC recognizes the critical 
importance of FMCSA's leadership in ensuring public safety and 
operational excellence for our Nation's transportation sector.
    Mr. Barrs brings decades of law enforcement, regulatory, and 
highway safety experience that uniquely qualifies him to lead FMCSA in 
pursuit of its mission to reduce crashes, injuries, and fatalities 
involving large trucks and buses. As a Florida Highway Patrol Chief, 
Mr. Barrs demonstrated a commitment to data-driven enforcement, 
industry engagement, and high safety standards.
    Additional leadership and service with the Commercial Vehicle 
Safety Alliance and American Trucking Associations showcased Mr. Barrs' 
clear understanding of both the regulatory and operational sides of 
commercial transportation. NTTC is convinced that as Administrator, Mr. 
Barrs will prioritize safety solutions that reflect real-world 
conditions.
    NTTC urges the Senate to prioritize this nomination and confirm Mr. 
Barrs as Administrator of FMCSA without delay. NTTC is ready to 
collaborate with Mr. Barrs and all Department of Transportation 
component agencies to advance policies that enhance safety, efficiency, 
and sustainability across all modes of transportation.
            Regards,
                                             Ryan Streblow,
                                                 President and CEO.
                                 ______
                                 
                             National Sheriffs' Association
                                                      July 15, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking-Member,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of the National Sheriffs' Association and the 3,081 
elected Sheriffs serving communities nationwide, I am pleased to offer 
our strong endorsement of Jonathan Morrison's nomination to serve as 
the Administrator of the National Highway Traffic Safety 
Administration.
    Mr. Morrison brings deep expertise and demonstrated leadership to 
the role. As NHTSA Chief Counsel during the first Trump Administration, 
he played an instrumental role in shaping policies and regulatory 
frameworks that continue to evolve and require strong, knowledgeable 
leadership. His understanding of Federal transportation safety law 
makes him exceptionally able to lead NHTSA through this next chapter.
    The National Sheriffs' Association has long worked with NHTSA 
through our Traffic Safety Committee to advance national road safety 
initiatives, and Mr. Morrison has played a key role in supporting this 
mission. He has helped the agency deploy resources effectively 
particularly to sheriffs' offices, which often serve as both law 
enforcement and public safety leaders, and has championed increased 
visibility for traffic safety programming within these agencies. Under 
his leadership, we expect NHTSA to continue working closely with NSA to 
address priority issues such as impaired and distracted driving, 
occupant protection, and speed enforcement. His deep policy knowledge 
and understanding of law enforcement will help align local needs with 
national safety goals.
    We are confident Jonathan Morrison will bring steady leadership, 
unmatched experience, and a deep respect for law enforcement to the 
role of Administrator, ultimately resulting in a continued partnership 
that advances the shared goal of reducing roadway fatalities and 
enhancing public safety. We enthusiastically endorse his nomination and 
urge the Committee to act swiftly. We look forward to his confirmation 
by the full Senate.
            Very Respectfully,
                                        Sheriff Chris West,
                                     Canadian County, OK President,
                                        National Sheriffs' Association.
Cc: POTUS
Senator John Thune, Majority Leader
Senator Charles Schumer, Minority Leader
Secretary John Duffy, USDOT
Jonathan Thompson, Executive Director/CEO
                                 ______
                                 
                    National Automobile Dealers Association
                                                      July 15, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    The National Automobile Dealers Association (``NADA''), which 
represents over 16,000 franchised automobile and truck dealerships that 
sell new and used motor vehicles and engage in service, repair, and 
parts sales, write to strongly support the nomination of Jonathan 
Morrison of California to be the Administrator of the National Highway 
Traffic Safety Administration (``NHTSA'').
    NADA works closely with its state association counterparts through 
advocacy and compliance assistance efforts. In this capacity, NADA 
collaborated with Mr. Morrison on several key safety issues during his 
eight years as director of legal and regulatory affairs for the 
California New Car Dealers Association. We had similar experience 
working with Mr. Morrison as president of Auto Advisory Services.
    In addition to his policy work related to auto retailing, Mr. 
Morrison has extensive automotive safety experience, including through 
his prior service as Chief Counsel for NHTSA. In these positions, he 
has established that he is well-equipped to lead NHTSA and support the 
administration's safety goals. For example, Mr. Morrison worked 
diligently on such issues as vehicle autonomy and the modernization of 
Federal odometer disclosure regulations. NADA is confident that Mr. 
Morrison will successfully lead NHTSA to fulfill its core mission ``to 
save lives, prevent injuries, and reduce economic costs due to road 
traffic crashes, through education, research, safety standards, and 
enforcement.''
    Thank you for your consideration.
            Sincerely,
                                              Mike Stanton,
                                                 President and CEO.
                                 ______
                                 
                             Truckload Carriers Association
                                                       May 30, 2025

Hon. Ted Cruz,
Chairman,
United States Senate,
Committee on Commerce, Science and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
United States Senate,
Committee on Commerce, Science and Transportation,
Washington, DC.

Dear Chairman and Ranking Member:

    On behalf of the Truckload Carriers Association (TCA), I strongly 
support Jonathan Morrison's nomination as the next Administrator of the 
National Highway Traffic Safety Administration (NHTSA).
    The truckload segment of the trucking industry moves approximately 
75 percent of all freight transported by all modes in the United 
States. As such, our industry plays a vital role in keeping America's 
supply chain moving and ensuring goods reach communities across the 
Nation safely and efficiently.
    To protect all drivers on our Nation's highways, TCA continues to 
advocate for the continuous development of safety technologies such as 
Automatic Emergency Braking Systems and finding other ways to reduce 
accidents, big or small. Morrison's leadership and experience make him 
exceptionally well-suited to lead the NHTSA in advancing these 
priorities.
    We fully believe in Mr. Morrison's abilities and respectfully ask 
the Senate to confirm his nomination. We know that he will bring his 
expertise and dedication to the role.
            Sincerely,
                                                  Jim Ward,
                                                         President,
                                                                   TCA.
                                 ______
                                 
                           Major County Sheriffs of America
                                                      June 29, 2025
Hon. Ted Cruz, Chair,
Hon. Maria Cantwell, Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chair Cruz, Ranking Member Cantwell, and Members of the Committee:

    On behalf of the Major County Sheriffs of America (MCSA), I write 
to express our support for the nomination of Jonathan Morrison to serve 
as Administrator of the National Highway Traffic Safety Administration 
(NHTSA). MCSA represents the largest Sheriff's offices in the country--
serving counties with populations of 400,000 or more and employing over 
700 personnel. Collectively, we protect more than one-third of the U.S. 
population.
    Our leadership recently met with Mr. Morrison, who demonstrated a 
strong commitment to rebuilding NHTSA's partnership with law 
enforcement and emphasized the need for greater collaboration to 
address the Nation's rising traffic fatality crisis. He identified 
enforcement of traffic safety laws--particularly impaired driving--and 
advancing public safety innovation as key priorities. Mr. Morrison 
expressed readiness to work closely with MCSA and other stakeholders to 
support effective policies, improved testing technologies, and 
consistent enforcement.
    Next Generation 911 (NG911) remains a top priority for MCSA. Mr. 
Morrison indicated a willingness to engage further on how NHTSA can 
support NG911 implementation and ensure emergency communications 
upgrades meet the evolving needs of public safety agencies nationwide.
    We also discussed challenges law enforcement faces in obtaining 
vehicles for their fleets due to manufacturing slowdowns and supply 
backlogs. Mr. Morrison acknowledges the importance of addressing these 
issues and expressed his commitment to working with MCSA and other 
stakeholders to find solutions that ensure officers have access to 
safer, reliable vehicles.
    With a career spanning legal, regulatory, and executive roles 
across the automotive and technology sectors--including service as 
NHTSA Chief Counsel--Mr. Morrison brings strong, relevant experience to 
the agency.
    We urge the Committee to confirm Jonathan Morrison and look forward 
to working with him to enhance public safety and reduce roadway 
fatalities across the country.
            Sincerely,
                                              Megan Noland,
                                                Executive Director,
                                      Major County Sheriffs of America.
                                 ______
                                 
                              Mothers Against Drunk Driving
                                          Irving, TX, July 15, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of Mothers Against Drunk Driving (MADD), thank you for 
considering the nomination of Jonathan Morrison as Administrator of the 
National Highway Traffic Safety Administration (NHTSA). This nomination 
hearing comes at a critical time for traffic safety in America, and Mr. 
Morrison's confirmation as NHTSA's leader will position the agency to 
tackle the hard work ahead to save lives and prevent injuries on 
America's roads.
    In recent years, our Nation has experienced an alarming spike in 
traffic deaths primarily due to impaired driving, speeding, and not 
using seat belts. For the first time in more than a decade, alcohol-
impaired driving deaths rose to more than 13,000 during 2021 and 2022.
    MADD stands ready to support the crucial work ahead for safer 
roads. Victims and survivors whom MADD serves every day know their 
voices can bring change and prevent tragedy from striking other 
innocent families. Alongside them and our partners, MADD is working 
toward a future when technology will prevent an intoxicated person from 
driving, as intended in the HALT Drunk Driving Law.
    We look forward to working with Mr. Morrison and NHTSA to advance 
the law's requirement for an Advanced Impaired Driving Prevention 
Technology rulemaking.
    Putting an end to the violent, preventable crime of substance-
impaired driving requires collaboration among government, industry, 
traffic safety experts, and advocates. NHTSA has been without a 
confirmed Administrator for far too long, and the confirmation of Mr. 
Morrison will provide the leadership needed to guide our Nation out of 
this heartbreaking public health and safety crisis.
            Sincerely,
                                         Stacey D. Stewart,
                                                               CEO,
                                  Mothers Against Drunk Driving (MADD).
                                 ______
                                 
                                                       Lyft
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of Lyft, I write to express strong support for Jonathan 
Morrison's nomination to serve as the next Administrator of the 
National Highway Traffic Safety Administration (NHTSA). Mr. Morrison's 
expertise and leadership will prove invaluable in this critical role, 
and we look forward to the opportunity to partner with him and NHTSA to 
advance the safety and leadership of the American transportation 
industry.
    Lyft is driven by our purpose: to serve and connect. Through 
innovative technology and strategic partnerships, Lyft has enhanced 
access to transportation, connecting approximately two million riders 
and drivers daily, while fostering economic growth by offering flexible 
earning opportunities for drivers. Lyft facilitates transportation for 
tens of millions of workers to reach their jobs, interviews, training 
sessions, and business travel destinations, thereby fostering a more 
productive and efficient workforce. We also have programs designed to 
enhance transportation access for seniors and veterans.
    We are proud of the vital role Lyft plays in complementing 
traditional transportation systems to help people reach their 
destinations more safely and efficiently. Each year, Lyft surveys tens 
of thousands of riders and drivers and publishes our findings via our 
Economic Impact Report. Our 2024 Report found that:

   61 percent of riders use Lyft to find a rideshare driver 
        when they are planning to drink alcohol or use another 
        substance that could impair their driving ability

   94 percent of riders living with a disability or other 
        chronic condition say Lyft has increased their access to 
        transportation

   42 percent of riders use Lyft to get around outside of 
        transit operating hours

    Since Day One, we have designed our policies and features to 
protect both drivers and riders, and we are always looking for ways to 
make Lyft even safer for our community. For example, our Smooth Cruiser 
program provides reports to drivers to help inform them of their 
driving behavior and encourage them to adopt safer driving practices. 
Results from the program have shown it is helping drivers make better 
informed decisions on the road, thus contributing to safer roads for 
all community members.
    As autonomous vehicles (AVs) attain a growing footprint on U.S. 
roads, Lyft will play a key role. We believe the future of ridesharing 
will be a hybrid model--combining both human-driven cars and autonomous 
vehicles. As a result, the AV industry will grow alongside the 
rideshare sector. We have planned partnerships with leading AV 
manufacturers and technology companies to deploy AVs on our platform. 
Our world-class fleet management, sophisticated marketplace engine, and 
large-scale demand represent the best way for AV companies, OEM 
manufacturers, and fleet owners to commercialize their assets. With Mr. 
Morrison's leadership and previous work at DOT as NHTSA chief counsel, 
we're optimistic about the opportunities to enable and promote the 
continued development and deployment of AVs in the United States.
    At Lyft, we are committed to fostering efficient mobility 
solutions. We align with the goal of modernizing the transportation 
network and are eager to support the Department of Transportation's 
initiatives to advance transportation policy and innovation for the 
benefit of all Americans--including the recent AV Framework 
announcement. We urge the Senate Commerce, Science, and Transportation 
Committee to favorably report Mr. Morrison's nomination expeditiously 
so he can begin serving as the next NHTSA Administrator.
            Sincerely,
                                              Jerry Golden,
                                              Chief Policy Officer.
                                 ______
                                 
                                   Schneider National, Inc.
                                        Green Bay, WI, July 1, 2025

Hon. Tammy Baldwin,
U.S. Senate,
Washington, DC.

Dear Senator Baldwin,

    On behalf of Schneider National, Inc., I write to express my 
support for the nomination of Derek Barrs to be Administrator of the 
Federal Motor Carrier Safety Administration (FMCSA) of the U.S. 
Department of Transportation (DOT). As you know, Schneider has been 
headquartered in Wisconsin for 90 years and currently moves 
approximately 9.1 million freight miles per day.
    Mr. Barrs has accumulated invaluable knowledge after nearly two 
decades of experience working with the commercial motor vehicle 
industry. Mr. Barrs spent most of his career in various roles within 
the Florida Department of Transportation and Florida Highway Patrol, 
including as Chief of the Florida Highway Patrol. Mr. Barrs further 
honed his industry knowledge and relationships through his involvement 
with various trade associations, including the American Trucking 
Association and the Commercial Vehicle Safety Alliance (CVSA). At CVSA, 
his expertise led him to become President of the Associate Members and 
Chairman of the Enforcement and Industry Modernization Committee.
    Through these roles, he demonstrated his ability to foster 
partnerships between the trncking industry, public officials, and law 
enforcement officers. This skillset is vital for an effective FMCSA 
Administrator, and Mr. Barrs' experience has given him firsthand 
knowledge of current matters like the importance of increasing truck 
parking capacity, the dangers of cargo theft and impaired driving, and 
the potential of autonomous vehicles.
    Schneider had the opportunity to work with Mr. Barrs in some of his 
past roles, and we expect that he will bring the same effectiveness to 
his post at the FMCSA. I urge you to support his nomination in the 
Senate Commerce, Science and Transportation Committee and on the Senate 
floor.
            Sincerely,
                                               Mark Rourke,
                                                 President and CEO,
                                               Schneider National, Inc.
                                 ______
                                 
                      National Asphalt Pavement Association
                                       Greenbelt, MD, July 15, 2025

Hon,Ted Cruz,
Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Science Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of the National Asphalt Pavement Association (NAPA), I'd 
like to express our support for President Trump's Nominee, Mr. Jonathan 
Morrison, of California, to be Administrator of the National Highway 
Traffic Safety Administration (NHTSA).
    NAPA is the lone Washington DC trade association representing over 
1,100 companies involved in asphalt pavement production and paving 
application across the Nation. Our industry produces over 400M tons of 
asphalt pavement annually, supporting close to 350,000 jobs nationwide, 
with plants in virtually every Congressional district. Asphalt 
comprises roughly 94 percent of the roadway market, and over 80 percent 
of the airfield pavement market. Asphalt mix plants provide the 
critical pavement materials needed to build and maintain the Nation's 
almost 4 million roadway miles.
    Over the past decades, asphalt pavers and contractors have faced 
the grim reality of dangerous work environments. Time and time again, 
we see crashes, injuries, and fatalities plaguing the road building 
community. Although the annual number of crashes is down over the past 
decade, crash severity and impact has increased, in large part due to 
erratic, distracted and intoxicated driving. We continue to see nearly 
1,000 fatalities in work zones annually--many of which are workers, but 
the vast majority are drivers.
    We welcome the opportunity to work with Administrator Designee 
Morrison on this critical issue as work zone safety policy directly 
impacts the wellbeing of our workers. NHTSA plays a key role in 
providing valuable data, safety expertise, and recommendations for the 
State Departments of Transportation (DOTs) and car manufacturers. 
Without the tools and resources that NHTSA provides, the Federal 
Highway Administration (FHWA) and State DOTs will not be able to 
improve the conditions for the workers who are building the foundation 
of the American economy. We see NHTSA as a key partner as we continue 
to craft and advance policies to improve work zone safety, and we 
welcome Nominee Morrison to the agency.
    Thank you for your consideration and please consult NAPA as an 
industry resource as your Committee works on critical regulatory 
policies and highway reauthorization legislative text this Congress.
            Sincerely,
                                                 Nile Elam,
                              Vice President of Government Affairs,
                                 National Asphalt Pavement Association.
                                 ______
                                 
                                    PrePass Safety Alliance
                                                      July 15, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    PrePass Safety Alliance strongly supports the nomination of Retired 
Chief Derek Barrs of Florida to serve as Administrator of the Federal 
Motor Carrier Safety Administration (FMCSA).
    Chief Barrs is widely respected throughout the commercial vehicle 
safety community following a distinguished career with the Florida 
Highway Patrol. His professional background, including his current role 
in the private-sector, reflects a deep understanding of the federal-
state partnership that underpins FMCSA's work and demonstrates his 
appreciation for the perspectives of both regulators and industry. His 
longstanding engagement with the American Trucking Associations and the 
Commercial Vehicle Safety Alliance further affirms his capacity to 
unite stakeholders around common-sense, safety-driven policy.
    As the Nation's most successful non-profit, public-private 
partnership between state enforcement agencies and the motor carrier 
industry, PrePass Safety Alliance operates the PrePass program that 
enables safe and compliant carriers to bypass at weigh stations 
nationwide. This allows enforcement resources to be focused on higher-
risk operators. The Alliance's carrier customers span from single-truck 
owner-operators to the country's largest fleets and includes 
specialized carriers across the Nation. With over $1 billion invested 
in highway safety infrastructure--without the use of taxpayer funds--
PrePass advanced technologies contribute meaningfully to both safety 
and the efficient flow of commerce across the country.
    A productive, transparent, and collaborative relationship between 
FMCSA, state agencies, and the trucking industry is essential to 
achieving shared safety goals on our Nation's highways. Since FMCSA's 
establishment in 2000, PrePass Safety Alliance has built a strong 
working relationship and engaged consistently with the agency. FMCSA's 
safety data is also foundational to the Alliance's operations and 
supports the safety compliance efforts of its 46 partner states.
    PrePass Safety Alliance believes that Chief Barrs will bring 
principled, effective leadership to FMCSA at a time when the agency's 
mission is critically important. His nomination deserves prompt 
confirmation. FMCSA's charge--to reduce crashes, injuries, and 
fatalities involving large trucks and buses--requires experienced, 
steady leadership.
    The Alliance looks forward to working with Chief Barrs in pursuit 
of safer and more efficient highways. We urge his swift consideration 
by the Committee and confirmation by the Senate.
            Sincerely,
                                              Mark Doughty,
                                                 President and CEO,
                                               PrePass Safety Alliance.
                                 ______
                                 
                                Daimler Truck North America
                                        Portland, OR, July 11, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of Daimler Truck North America (DTNA), I am writing to 
express our strong support for the nomination of Derek Barrs for 
Administrator of the Federal Motor Carrier Safety Administration 
(FMCSA).
    DTNA is the largest commercial vehicle manufacturer in the United 
States, with over 40 percent market share in the Class 7 and 8 heavy-
duty on-highway segment. This market leadership means that fully 30 
percent of America's goods are delivered using our products daily. 
Whether it's hauling freight, transporting people, or building and 
maintaining critical infrastructure, our truck and bus brands, 
including Freightliner, Western Star, Thomas Built Buses, Freightliner 
Custom Chassis, and Detroit Diesel, are trusted by our Nation's fleets. 
Our 18,000 U.S. employees are dedicated to keeping America moving. DTNA 
strongly believes in investing in America to drive economic growth, 
create jobs, and ensure a stable and prosperous future for all 
Americans.
    As the market leader for heavy-duty vehicles, DTNA has a long 
history of working closely with FMCSA and recognizes the enormous 
responsibilities of the Administrator. Mr. Barrs's extensive experience 
on both the public and private sides of the commercial motor vehicle 
industry is a testament to the leadership and vision he will bring to 
FMCSA.
    Members of my organization have worked closely with Mr. Barrs in 
his previous roles and DTNA is confident that under his leadership, the 
American people will benefit from his tireless work and commitment to 
service. DTNA strongly encourages you to support Mr. Barrs's swift 
nomination and we look forward to the positive impact he will bring to 
FMCSA.
    DTNA eagerly anticipates working with the Committee, President 
Trump, and FMCSA on advancing policies and regulations, including 
through the upcoming Surface Transportation Reauthorization, that will 
support reliable transportation nationwide, the economy, roadway 
safety, and innovation.
            Sincerely,
                                            Sean T. Waters,
                                 Vice President, Product Integrity,

CC: Derek Barrs, Nominee, Administrator of Federal Motor Carrier Safety 
Administration
                                 ______
                                 
                            Damage Prevention Action Center
                                                      July 16, 2025

Chairman Ted Cruz,
Ranking Member Maria Cantwell,
United States Senate,
Commerce, Science, and Transportation Committee,
Washington, DC.

Re: Support for Paul Roberti to lead the U.S. Department of 
            Transportation's Pipeline and Hazardous Materials Safety 
            Administration

Dear Chairman Cruz and Ranking Member Cantwell:

    The Damage Prevention Action Center (DPAC) is writing to express 
its support for President Donald J. Trump's nomination of Mr. Paul 
Roberti to serve as Administrator of the Pipelines and Hazardous 
Materials Safety Administration (PHMSA). Given Mr. Roberti's extensive 
qualifications, experience, and the importance of pipeline safety to 
communities across the country, we encourage you to expedite your 
consideration of his nomination.
    DPAC is a coalition of energy, utility and construction industry 
leaders advocating for public policies and industry practices that 
protect America's critical underground utility infrastructure and those 
who work and live near these important assets.\1\
---------------------------------------------------------------------------
    \1\ Damage Prevention Action Center members: htps://
damagepreventionactioncenter.com/members/
---------------------------------------------------------------------------
    Damage to buried utilities costs America $30 billion annually,\2\ 
disrupts businesses and communities, cuts off critical utility service, 
and can result in injuries and fatalities. As America's infrastructure 
continues to expand, strong leadership is crucial to safeguarding our 
critical buried utilities and pipelines.
---------------------------------------------------------------------------
    \2\ Common Ground Alliance's DIRT Report: htps://
dirt.commongroundalliance.com/
---------------------------------------------------------------------------
    Mr. Roberti's demonstrated leadership positions him to be a strong 
PHMSA Administrator during this critical time in pipeline safety. As 
Chief Counsel of PHMSA during President Trump's first term, he helped 
shape important public policies to improve pipeline safety, and as 
Commissioner of the Rhode Island Utility Commission, he oversaw 
critical utility and infrastructure regulation.
    DPAC urges swift confirmation of Mr. Roberti and looks forward to 
collaborating with Mr. Roberti, PHMSA leaders, this committee, and 
Congress to pass the PIPES Act, and enhance and improve our industry's 
safety while delivering quality and safe underground utility 
infrastructure projects to America.
            Sincerely,
                                    Sarah K. Magruder Lyle,
                                                Executive Director,
                                       Damage Prevention Action Center.
                                 ______
                                 
                               Florida Trucking Association
                                     Tallahassee, FL, July 10, 2025

Hon. Ted Cruz,
Chairman,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    On behalf of Florida Trucking Association (FTA), I write to offer 
FTA's full support for the nomination of Derek Barrs to be 
Administrator of the Federal Motor Carrier Safety Administration 
(FMCSA) of the U.S. Department of Transportation (USDOT).
    With an extensive background in law enforcement, particularly 
through his distinguished service with the Florida Highway Patrol, 
coupled with his exemplary collaboration with Florida Trucking 
Association, Derek brings a wealth of experience, insights, and 
dedication that would be invaluable to the committee.
    Mr. Barrs has demonstrated outstanding leadership and commitment 
throughout his tenure with the Florida Highway Patrol. As a Chief 
within the force, he has continually exhibited exemplary 
professionalism, integrity, and a steadfast commitment to upholding the 
law.
    Mr. Barrs' close working partnership with FTA is a testament to his 
ability to foster collaborative relationships between law enforcement 
agencies and key stakeholders in the transportation industry. His 
efforts in this regard have enhanced safety measures on Florida's 
roadways and facilitated strategies and policies to both protect and 
promote the trucking industry.
    Mr. Barrs possesses a deep understanding of the complexities and 
challenges facing the trucking industry--from individual driver to 
large national fleet. His insights into emerging trends, best 
practices, and innovative solutions make him a valuable asset in 
working to promote the mission of USDOT.
    Mr. Barrs would make an excellent FMCSA administrator. We ask 
members of the Committee to report his nomination favorably to the full 
Senate for consideration.
            Sincerely,
                                        Alix Miller, Ph.D.,
                                                 President and CEO,
                                          Florida Trucking Association.

cc: Members of the Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                                          Trucking Alliance
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    The Alliance for Driver Safety & Security (aka The Trucking 
Alliance) urges your committee's bipartisan support of Derek Barrs as 
the next FMCSA Administrator. The Trucking Alliance is a coalition of 
trucking, logistics and intermodal companies that collectively employs 
more than 102,000 people in serving the Nation's supply chain network.
    The FMCSA has one stated mission: ``to reduce crashes, injuries, 
and fatalities involving large trucks and buses.'' The Trucking 
Alliance supports that mission and, in fact, believes that with the 
right safety reforms, our industry can eliminate all large truck crash 
fatalities.
    Derek Barrs experience in commercial vehicle law enforcement will 
be a tremendous asset to achieving FMCSA's mission. Mr. Barrs 
understands the challenges that truck drivers face to safely deliver 
the goods upon which all of us depend. We believe he will lift up the 
truck driver's public image and their importance to the U.S. economy, 
while also making sure that the laws and regulations that can make the 
industry safer are never ignored. Derek Barrs is the perfect choice to 
lead FMCSA.
            Sincerely,
                                                 Lane Kidd,
                                                 Managing Director,
                                                     Trucking Alliance.
                                 ______
                                 
                             American Trucking Associations
                                   Washington, DC, January 28, 2025

Secretary Sean Duffy,
U.S. Department of Transportation,
Office of the Secretary of Transportation,
Washington, DC.

Mr. Secretary:

    On behalf of the American Trucking Associations (ATA), the 
undersigned organizations, and the 8.5 million hardworking men and 
women employed in the trucking industry in every state and 
congressional district, we write to express full support for the 
nomination of Derek Barrs to be Administrator of the Federal Motor 
Carrier Safety Administration (FMCSA) of the U.S. Department of 
Transportation (DOT).
    Mr. Barrs's experience in the commercial motor vehicle industry 
spans nearly 17 years, demonstrating dedication to ensuring highway 
safety while serving in various law enforcement capacities for the 
Florida Department of Transportation and Florida Highway Patrol. Mr. 
Barrs's extensive leadership in commercial enforcement equips him with 
a unique perspective on issues impacting the commercial motor vehicle 
industry and positions him as an exceptionally qualified candidate to 
lead the FMCSA. Beyond Mr. Barrs's experience in commercial vehicle 
enforcement, he brings over five years of industry experience, working 
most recently as a consultant on traffic-related and commercial motor 
vehicle safety projects across various states. The experience and 
expertise Mr. Barrs gleaned through these roles ultimately led him to a 
position on ATA's Law Enforcement Advisory Board in 2021, where he has 
helped strengthen the ties between the trucking industry and the law 
enforcement community. This group's active collaboration with Federal 
and state officials, along with local, state, and national law 
enforcement organizations, has been instrumental in securing hundreds 
of millions of dollars in Federal grant funding to expand truck parking 
capacity nationwide. Additionally, as a member of the Board, Mr. Barrs 
has provided critical insights into pressing issues affecting the CMV 
community and highway safety, including marijuana and drug impairment, 
cargo theft, and human trafficking. Mr. Barrs has also dedicated 
countless hours to the Commercial Vehicle Safety Alliance, serving in 
multiple roles and most recently as the President of the Associate 
Members, representing motor carriers and suppliers to the industry.
    Mr. Barrs extensive work history would be an invaluable resource to 
the FMCSA and the men and women employed in the trucking industry who 
share a common goal of highway safety. He would undoubtedly facilitate 
a reliable and effective partnership between DOT and the commercial 
motor vehicle industry.
    ATA, the National Tank Truck Carriers, and Truckload Carriers 
Association believe that Derek Barrs would make a superb FMCSA 
Administrator, and we urge the DOT to swiftly nominate him to this 
position.
            Sincerely,
                                               Chris Spear,
                                                 President and CEO,
                                        American Trucking Associations.
                                                  Jim Ward,
                                                 President and CEO,
                                        Truckload Carriers Association.
                                             Ryan Streblow,
                                                 President and CEO,
                                      National Tank Truck Carriers.
                                 ______
                                 
                                    PrePass Safety Alliance
                                     Phoenix, AZ, February 21, 2025

Hon. Donald J. Trump,
The White House,
Washington, DC.

Dear President Trump,

    PrePass Safety Alliance is America's largest and most successful 
public-private partnership between state law enforcement agencies and 
the trucking industry. The PrePass program allows safe and responsible 
motor carriers to bypass most highway weigh stations so that law 
enforcement can focus on carriers that need more attention. Our 
membership includes America's largest trucking companies, single-truck 
owner-operators, and many specialized carriers. We have invested over 
$1 billion in highway safety infrastructure at no cost to taxpayers. 
Bypass promotes the safe and efficient transportation of goods 
throughout the country.
    The Alliance has worked closely with the Federal Motor carrier 
Safety Administration since its inception in 2000. FMCSA safety data is 
crucial to our program and the states' safety compliance programs. We 
know a proactive, respectful, and responsive working relationship 
between the agency, states, and the motor carrier industry is critical 
to motor carrier safety and efficiency.
    With this experience in mind, the PrePass Safety Alliance is 
pleased to support your consideration of Retired Chief Derek Barrs of 
Florida to be FMCSA Administrator. Chief Barrs is widely respected in 
the highway safety community following his successful career with the 
Florida Highway Patrol. He would also bring an appreciation of the role 
of states in a Federal agency whose success relies on collaboration 
with its state partners and industry. Chief Barrs' effective engagement 
with American Trucking Associations and the Commercial Vehicle Safety 
Alliance further demonstrates his understanding of our industry from 
all stakeholder perspectives. His exceptional track record speaks 
volumes about his ability to lead, innovate, and make a lasting impact 
on public safety and commercial vehicle transportation. I believe Chief 
Barrs will represent your administration and FMCSA with integrity, 
energy, and common sense.
    Thank you for considering my views.
            Sincerely,
                                              Mark Doughty,
                                                 President and CEO.

Cc: The Honorable Sean Duffy, Secretary of Transportation
                                 ______
                                 
                         Commercial Vehicle Safety Alliance
                                       Washington, DC, July 9, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
U.S. Senate.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate.

Dear Chairman Cruz and Ranking Member Cantwell,

    The Commercial Vehicle Safety Alliance (CVSA) expresses strong 
support for the nomination of Derek Barrs for the role of FMCSA 
administrator and encourages the Senate Committee on Commerce, Science, 
and Transportation to quickly advance his nomination to the full Senate 
for approval.
    CVSA is a nonprofit organization comprised of local, state, 
provincial, territorial and Federal commercial motor vehicle safety 
officials and industry representatives. The Alliance aims to prevent 
commercial motor vehicle crashes, injuries and fatalities and believes 
that collaboration between government and industry improves road safety 
and saves lives. Our mission is to improve commercial motor vehicle 
safety and enforcement by providing guidance, education and advocacy 
for enforcement and industry across North America.
    FMCSA's primary mission is to prevent commercial motor vehicle-
related fatalities and injuries. Mr. Barrs's history of leadership in 
commercial motor vehicle safety and enforcement gives him the 
experience and exposure necessary to guide FMCSA in this mission. In 
his previous roles at the Florida Department of Transportation and 
Florida Highway Patrol, he demonstrated his dedication to ensuring 
highway safety and equipped him with a unique perspective on issues 
impacting the commercial motor vehicle industry.
    Following his retirement from the state, Barrs continued to be an 
active, vocal leader in the commercial motor vehicle safety arena. If 
confirmed, CVSA looks forward to working with Barrs in this new 
capacity to improve commercial motor vehicle safety.
    The Alliance works to closely monitor, evaluate and identify 
potentially unsafe transportation processes and procedures as well as 
to help facilitate and implement best practices for enhancing safety on 
our highways. Commercial motor vehicle safety continues to be a 
challenge, and we need the involvement of all affected parties to help 
us better understand these issues and put into place practical 
solutions.
    If you have further questions or comments, please do not hesitate 
to contact me by phone at 202-998-1008 or by e-mail at 
[email protected].
            Respectfully,
                                Collin B. Mooney, MPA, CAE,
                                                Executive Director,
                                    Commercial Vehicle Safety Alliance.
                                 ______
                                 
                                                  Drivewyze
                                         Madison, WI, July 11, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    On behalf of Drivewyze, I am honored to provide this letter of 
recommendation for Derek Barrs in his consideration for the position of 
Administrator at the Federal Motor Carrier Safety Administration 
(FMCSA). Having known and collaborated with Derek for over ten years, 
both in his governmental and industrial roles as well as his leadership 
position within the Commercial Vehicle Safety Alliance--where he worked 
with enforcement and industry partners nationwide to find common ground 
and achieve significant progress--I can confidently assert that he is 
an outstanding candidate for this vital leadership role.
    Drivewyze is a technology leader in the commercial vehicle 
industry, with the largest connected truck platform in North America. 
Our vision is a safe, efficient and sustainable commercial 
transportation system with no crashes and zero fatalities. We strive to 
achieve this through innovative technologies and solutions to support 
the programs of our government agency partners. We have implemented 
roadside technologies on highways with 27 state enforcement agencies 
and run the largest commercial vehicle preclearance network in the USA 
through public-private partnerships with 45 state agencies.
    Derek's extensive 17-year career in commercial vehicle compliance 
with the Florida Department of Transportation and the Florida Highway 
Patrol has shaped him into a respected leader in transportation safety 
and enforcement. His deep understanding of the commercial vehicle 
sector, coupled with his unwavering commitment to public safety, makes 
him uniquely qualified to lead FMCSA.
    Throughout his career, Derek has demonstrated not only technical 
expertise but also an innovative approach to solving complex 
transportation challenges. He possesses a rare ability to balance 
regulatory policy with industry-driven innovation, ensuring that safety 
and efficiency work hand in hand. His leadership in addressing emerging 
issues in the commercial vehicle space has set him apart as a forward-
thinking professional who is always ahead of the curve.
    Beyond his professional accomplishments, Derek is a person of 
integrity and honor. He has earned the respect of colleagues across 
enforcement agencies, the transportation community, and the industry at 
large. His ability to engage stakeholders, foster collaboration, and 
drive meaningful change will be invaluable in his role as FMCSA 
Administrator.
    I can think of no finer choice to lead FMCSA into the future. I 
strongly support Derek's candidacy and have no doubt that his 
leadership will make a lasting impact on commercial vehicle safety and 
compliance. Please do not hesitate to contact me if you require any 
further information.

                                             Brian Mofford,
                           SVP, Drivewyze Infrastructure Solutions,
                                              Drivewyze by Fleetworthy.
                                 ______
                                 
                    Autonomous Vehicle Industry Association
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    The Autonomous Vehicle Industry Association (``AVIA'') writes to 
encourage the Committee on Commerce, Science, and Transportation to 
move forward expeditiously with Jonathan Morrison's nomination as 
Administrator of the National Highway Traffic Safety Administration 
(``NHTSA''). Having Senate-confirmed leadership in place will allow 
NHTSA to better carry out its vital role of supporting motor vehicle 
safety nationwide, including actions to support the safe deployment of 
autonomous vehicle (``AV'') technologies. AVs will play a pivotal role 
in addressing critical challenges facing our nation, including reducing 
the persistent and unacceptable level of traffic fatalities in our 
country, increasing access to transportation, enhancing supply chain 
efficiency, and expanding economic output.
    In the last several years, U.S. states have raced ahead on AV 
policy, and today 26 U.S. states have AV deployment statutes. State-
level interest in this game-changing technology is welcome, but it is 
no substitute for Federal leadership. AVIA commends Secretary Duffy and 
his team at the U.S. Department of Transportation (``USDOT'') for their 
early and significant attention to AVs, including the new Automated 
Vehicle Framework that was announced in April.\1\ AVIA looks forward to 
working closely with members of the Senate Commerce Committee on 
autonomous vehicle legislation that advances American leadership on 
this transformative technology.
---------------------------------------------------------------------------
    \1\ See Trump's Transportation Secretary Sean P. Duffy Unveils New 
Automated Vehicle Framework as Part of Innovation Agenda, U.S. Dep't of 
Transp. (Apr. 24, 2025), https://www.transportation.gov/briefing-room/
trumps-transportation-secretary-sean-p-duffy-unveils-new
-automated-vehicle-framework.
---------------------------------------------------------------------------
    To further accelerate the safe and timely deployment of AVs, 
earlier this year AVIA released Securing American Leadership in 
Autonomous Vehicles,\2\ a comprehensive set of Federal AV policy 
recommendations that includes specific recommendations for NHTSA. These 
recommendations include:
---------------------------------------------------------------------------
    \2\ Autonomous Vehicle Indus. Ass'n, Securing American Leadership 
in Autonomous Vehicles (2025), https://theavindustry.org/resources/
Securing%20American%20Leadership%20
in%20Autonomous%20Vehicles1.pdf

   Initiating rulemaking to create a new Federal Motor Vehicle 
        Safety Standard (``FMVSS'') that requires AV manufacturers to 
        self-certify their autonomous driving systems (``ADS'') 
        demonstrate a basic level of driving proficiency appropriate 
---------------------------------------------------------------------------
        for its operational design domain.

   The creation of a new FMVSS to require that ADS manufactures 
        develop, and provide upon request, a detailed ``safety case'' 
        that describes the manufacturer's conclusion that the design, 
        construction, and performance of an ADS protects against an 
        unreasonable risk to motor vehicle safety, as defined in 49 
        U.S.C. Sec. 30102(a)(9).

   Clarification by NHTSA or Congress that regulatory 
        requirements for manually operated driving controls and certain 
        indicators and telltales are not applicable to Level 4 or Level 
        5 ADS-dedicated vehicles because those controls, indicators, 
        and telltales are intended for an in-vehicle human driver.

   Creation of a National AV Safety Data Repository to include 
        relevant data about AV incidents and make information available 
        to state transportation regulatory agencies.

   Moving forward with a voluntary AV demonstration program 
        that is an enhanced pathway to the deployment of AVs whose 
        designs require exemptions from current FMVSSs, but which 
        achieve at least an equivalent level of safety.

    By expeditiously moving forward with the nomination process for Mr. 
Morrison the Committee will help position NHTSA and the USDOT to 
develop and implement these polices and others that will unlock the 
full potential of AVs, ensuring that the United States remains the 
world leader in autonomous vehicle technology. The autonomous vehicle 
industry looks forward to working closely with Administrator Morrison 
and the team at NHTSA.
            Sincerely,
                                               Jeff Farrah,
                                           Chief Executive Officer,
                               Autonomous Vehicle Industry Association.
CC: Jonathan Morrison, Nominee, NHTSA Administrator
                                 ______
                                 
                    Autonomous Vehicle Industry Association
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell,

    The Autonomous Vehicle Industry Association (``AVIA'') writes to 
encourage the Committee on Commerce, Science, and Transportation to 
move forward expeditiously with Derek Barrs's nomination as 
Administrator of the Federal Motor Carrier Safety Administration 
(``FMCSA''). Having Senate-confirmed leadership in place will allow 
FMCSA to better carry out its vital role in regulating commercial motor 
vehicle (``CMVs'') and motor carrier safety nationwide and taking 
action to support the safe deployment of CMVs equipped with autonomous 
vehicle (``AV'') technologies. Autonomous CMVs will play a pivotal role 
in addressing critical roadway safety and supply chain efficiency 
challenges facing our nation, while also helping expand economic 
output.
    In partnership with Congress, the Trump Administration has the 
opportunity to promote the continued development and deployment of AVs 
in the United States, and AVIA commends Secretary Duffy and his team at 
the U.S. Department of Transportation for their early and significant 
attention to AVs.\1\ We are optimistic that this progress will continue 
under the leadership of a confirmed FMCSA administrator. AVIA looks 
forward to working closely with members of the Senate Commerce 
Committee on autonomous vehicle legislation that advances American 
leadership on this transformative technology.
---------------------------------------------------------------------------
    \1\ See Trump's Transportation Secretary Sean P. Duffy Unveils New 
Automated Vehicle Framework as Part of Innovation Agenda, U.S. Dep't of 
Transp. (Apr. 24, 2025), https://www
.transportation.gov/briefing-room/trumps-transportation-secretary-sean-
p-duffy-unveils-new-automated-vehicle-framework.
---------------------------------------------------------------------------
    To fully realize the benefits offered by AVs, a supportive and 
uniform nationwide Federal policy framework is essential, as AVIA laid 
out earlier this year in our publication, Securing American Leadership 
in Autonomous Vehicles.\2\ Our proposed framework includes specific 
actions that FMCSA can undertake to support the safe and timely 
deployment of autonomous technology, such as:
---------------------------------------------------------------------------
    \2\ Autonomous Vehicle Indus. Ass'n, Securing American Leadership 
in Autonomous Vehicles (2025), https://theavindustry.org/resources/
Securing%20American%20 Leadership%20in
%20Autonomous%20Vehicles1.pdf

   Codifying FMCSA's 2018 interpretation that the Federal Motor 
        Carrier Safety Regulations do not require a human driver to 
        operate or be present in a CMV being operated by a Level 4 or 5 
        Autonomous Driving System.\3\ AVIA research has determined that 
        this groundbreaking interpretation unlocked more than $6 
        billion in private capital investment into autonomous CMV 
        companies, with even more in the public markets.\4\
---------------------------------------------------------------------------
    \3\ U.S. Dep't of Transp., Preparing for the Future of 
Transportation: Automated Vehicles 3.0 (AV 3.0) 9 (Oct. 2018), https://
www.transportation.gov/sites/dot.gov/files/docs/policy
-initiatives/automated-vehicles/320711/preparing-future-transportation-
automated-vehicle-30.pdf.
    \4\ The Trump Administration poliyc that kickstarted a supply chain 
revolution, AVIA (April 23, 2025), https://www.theavindustry.org/blog/
the-trump-administration-policy-that-kickstarted-a-supply-chain-
revolution.

   Address the warning device requirements included within 49 
        C.F.R. Sec. Sec. 392.22 and 393.95, which require the physical 
        placement of warning devices by a human being in front of and 
        behind a stopped CMV and limit the types of warning devices 
        that can be used. FMCSA should reverse its denial of an AV-
        industry backed exemption request that would have allowed the 
        use of new emergency warning device solutions that utilize cab-
        mounted beacons instead of driver placed devices, a solution 
        that not only allows ADS-equipped CMVs to meet the warning 
        device requirement, but also gives human drivers a safe 
---------------------------------------------------------------------------
        alternative to exiting their vehicles on busy highways.

   Supporting efforts to build on the existing consensus 
        approach to autonomous truck inspection protocols, in 
        partnership with state law enforcement officials and industry 
        that is informed by real-world experience. For example, FMCSA 
        should continue to support the Commercial Vehicle Safety 
        Alliance on its Enhanced CMV Inspection Program for autonomous 
        CMVs.

    By expeditiously moving forward on Mr. Barrs's nomination process, 
the Committee will help position FMCSA to implement these and other 
policies to foster the further deployment of autonomous CMVs and unlock 
their full potential. The autonomous vehicle industry looks forward to 
working closely with Administrator Barrs and the team at FMCSA.
            Sincerely,
                                               Jeff Farrah,
                                           Chief Executive Officer,
                               Autonomous Vehicle Industry Association.
CC: Derek Barrs, Nominee, FMCSA Administrator
                                 ______
                                 
                Autonomous Vehicle Industry Association
       AVIA Congratulates Derek Barrs on Nomination to Lead FMCSA
    WASHINGTON--AVIA released the following statement from CEO Jeff 
Farrah on the recent nomination of Derek Barrs to lead the Federal 
Motor Carrier Safety Administration:

    ``AVIA congratulates Derek Barrs on his nomination to serve as the 
next FMSCA Administrator. Mr. Barrs brings years of law enforcement and 
transportation policy experience to the position and will be an 
important voice in the Department of Transportation for the development 
of Federal autonomous vehicle policy. We look forward to working with 
Mr. Barrs and Secretary Duffy to strengthen American leadership in 
autonomous vehicles.''

    Earlier this year, AVIA released its comprehensive Federal policy 
framework, ``Securing American Leadership in Autonomous Vehicles.'' The 
recommendations for policymakers emphasize the urgent need for Federal 
action to secure the United States' position as a global leader in 
autonomous vehicle (AV) technology while ensuring safety, fostering 
innovation, and promoting economic resilience.
    AVIA's framework builds upon the Department of Transportation's 
Framework for Automated Driving System Safety, first introduced in 2020 
and prioritizes:
AV Safety, Transparency, and Accountability
   Establishing a National AV Safety Data Repository for 
        incident reporting and transparency.

   Commencing rulemaking on a core set of Autonomous Driving 
        System (ADS) competency requirements and require that 
        commercially deployed ADS manufacturers develop a safety case.
Advancing American Leadership on AVs
   Modernizing Federal Motor Vehicle Safety Standards (FMVSS) 
        by NHTSA clarifying, through interpretation and/or regulatory 
        changes, that requirements for manually operated driving 
        controls are not applicable to Level 4 and 5 ADS-equipped 
        vehicles.

   Encouraging Federal legislation on, cybersecurity, privacy, 
        and accessibility initiatives.
Supporting Supply Chain Resiliency Through Autonomous Trucking
   Support for America's supply chain with Federal policy on 
        autonomous trucking, including codification of previous Federal 
        Motor Carrier Safety Administration (FMCSA) 2018 interpretation 
        that a human driver need not be present in a commercial motor 
        vehicle operated by a Level 4 or 5 ADS

   FMCSA action to allow use of cab-mounted warning beacons on 
        autonomous trucks to support road safety and innovation.
Supporting Safety Regulators with Enhanced Resources
   Increasing funding for the Department of Transportation 
        (DOT), National Highway Traffic Safety Administration (NHTSA), 
        and Federal Motor Carrier Safety Administration (FMCSA) to 
        ensure expert regulators have the resources they need on AV 
        policy.
Protecting National Security While Promoting AV Leadership
   Bolstering domestic manufacturing of critical AV hardware, 
        such as sensors. Read the full recommendations here. [https://
        theavindustry.org/ resources/Securing%20American%20 
        Leadership%20in%20Autonomous% 20Vehicles1.pdf]
                                 ______
                                 
                  American Pipeline Contractors Association
                                                      July 15, 2025

Hon. Ted Cruz,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Re: APCA letter of support for Paul Roberti to lead the U.S. Department 
            of Transportation's Pipeline and Hazardous Materials Safety 
            Administration (PHMSA)

Dear Chair Cruz and Ranking Member Cantwell:

    The American Pipeline Contractors Association (APCA) fully supports 
President Donald J. Trump's nomination of Paul Roberti to serve as 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration (PHMSA).
    APCA represents construction firms, manufacturers, and suppliers 
who build and maintain interstate pipeline systems. Every day, APCA 
members provide the manpower to build the infrastructure needed to 
deliver critical energy across the country. Safety is always our top 
concern.
    APCA is impressed that Mr. Roberti's career includes six years as a 
utility regulator in his home state of Rhode Island. He previously 
served as PHMSA's general counsel, where he oversaw enforcement of the 
agency's safety regulations.
    APCA's leadership and member companies strongly urge Senators to 
vote to confirm Paul Roberti as PHMSA Administrator.
    Our organization looks forward to working with Mr. Roberti to 
enhance and improve our industry's safety while delivering quality 
energy pipeline infrastructure to America.
            Sincerely,
                                                Tim Wagner,
                                                Executive Director,
                             American Pipeline Contractors Association.
                                 ______
                                 
                  Associated General Contractors of America
                                                      March 4, 2025

Chairman Ted Cruz,
Commerce, Science, and Transportation Committee,
United States Senate,
Washington, DC.
Ranking Member Maria Cantwell,
Commerce, Science, and Transportation Committee,
United States Senate,
Washington, DC.

RE: AGC Support for Paul Roberti's Nomination to the Pipeline and 
            Hazardous Materials Safety Administration

Dear Chairman Cruz and Ranking Member Cantwell:

    The Associated General Contractors of America (AGC) supports the 
nomination of Mr. Paul Roberti as Administrator of the Pipeline and 
Hazardous Materials Safety Administration (PHMSA). AGC is a national 
construction trade association representing more than 28,000 
construction firms with chapters and members in every state, the 
District of Columbia and Puerto Rico. AGC members are engaged in 
excavation and utility construction including pipelines and understand 
the importance of their safety and infrastructure.
    Mr. Roberti has demonstrated leadership in pipeline safety when he 
served as PHMSA Chief Counsel during the previous Trump administration. 
This role gave him valuable background experience and an understanding 
of the needs of America's pipeline system. Mr. Roberti also has 
pipeline experience from serving as Commissioner on the Rhode Island 
Public Utilities Commission, which provides him with additional 
knowledge and experience that can benefit PHMSA's work nationwide.
    Importantly, Mr. Roberti understands the important role pipelines 
serve in transporting energy safely and efficiently into our economy. 
The construction of pipelines will provide cheaper energy for Americans 
and support well-paying construction jobs across the country.
    AGC looks forward to working with Mr. Roberti on the construction 
and safety of our pipeline system. As such, we urge the Senate to 
quickly confirm his nomination.
            Sincerely,
                                          Jeffrey D. Shoaf,
                                           Chief Executive Officer.

CC: All members of the U.S. Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                       Montana Department of Transportation
                                            Helena, MT, May 9, 2025

Hon. Tim Sheehy,
United States Senate,
Washington, DC.

Re: FMCSA Administrator--Letter of Support for Derek Barrs

Dear Senator Sheehy,

    On behalf of the Montana Department of Transportation I am honored 
to write this letter in strong support of Derek Barrs consideration for 
the position of Administrator of the Federal Motor Carrier Safety 
Administration (FMCSA).
    Mr. Barrs spent over 17 years in the commercial motor vehicle 
industry while serving in various law enforcement capacities for the 
Florida Department of Transportation and Florida Highway Patrol, which 
gives him a wealth of knowledge in commercial vehicle enforcement. 
After retiring from the state, Mr. Barrs remained in the commercial 
motor vehicle safety industry and has over 5 years of industry 
experience. During this time, he was actively involved in leadership 
roles within the Commercial Vehicle Safety Alliance (CVSA), Florida 
Trucking Association, and serving on the American Trucking 
Associations' Law Enforcement Advisory Board, further demonstrating his 
commitment to be an active leader in the commercial motor vehicle 
safety realm.
    The knowledge and experience that Mr. Barrs brings from both 
enforcement and industry perspectives affords him the opportunity to be 
a unique and exceptionally qualified candidate to lead the FMCSA. Mr. 
Barrs's experience and work history would be invaluable to FMCSA and 
the commercial motor vehicle community, and I would urge the Committee 
to report his nomination favorably to the full Senate for 
consideration.
            Sincerely,
                                    Christopher Dorrington,
                                                          Director.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                 
                                 ______
                                 
                             Truckload Carriers Association
                                                      July 10, 2025

Hon. Ted Cruz,
Chairman,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman and Ranking Member:

    On behalf of the Truckload Carriers Association (TCA), I am writing 
to express our strong support for Derek Barr's nomination as the next 
Administrator of the Federal Motor Carrier Safety Administration 
(FMCSA). The trucking industry moves approximately 75 percent of all 
freight transported by all modes in the United States. As such, our 
industry plays a vital role in keeping America's supply chain moving 
and ensuring goods reach communities across the Nation safely and 
efficiently.
    To protect all drivers on our Nation's highways, TCA continues to 
advocate for allocating dedicated funding to address the ongoing truck 
parking crisis, continuing to improve safety technologies, and 
supporting policies that foster a resilient and thriving supply chain. 
Mr. Barrs' leadership and experience make him exceptionally well-suited 
to lead the FMCSA in advancing these priorities.
    Throughout his career, Mr. Barrs has demonstrated a steadfast 
commitment to strengthening collaboration between the trucking industry 
and law enforcement. He has held multiple leadership roles within the 
Florida Department of Transportation and the Florida Highway Patrol, 
where he was instrumental in advancing safety initiatives for 
commercial motor vehicles. Most recently, he has consulted on traffic-
related and commercial motor vehicle safety projects across numerous 
states, bringing his expertise to diverse regions and stakeholders.
    TCA members who have worked with Mr. Barrs speak highly of his 
thoughtful leadership and dedication to improving safety and compliance 
across the industry. His track record reflects a clear understanding of 
the complex realities facing motor carriers today and a strong 
commitment to working collaboratively toward effective, practical 
solutions.
    We have full confidence in Mr. Barrs' abilities and respectfully 
urge the Senate to confirm his nomination. We are confident he will 
bring integrity, experience, and a results-driven approach to FMCSA at 
a time when the agency's work is more important than ever.
            Sincerely,
                                                  Jim Ward,
                                                         President,
                                                                   TCA.
                                 ______
                                 
                                 American Chemistry Council
                                                      July 16, 2025

Hon. Ted Cruz,
Chairman,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Maria Cantwell,
Ranking Member,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Cruz and Ranking Member Cantwell:

    I write to you on behalf of the American Chemistry Council (ACC) in 
support of the confirmation of Paul Roberti as Administrator of the 
Pipeline and Hazardous Materials Safety Administration (PHMSA) at the 
Department of Transportation. Mr. Roberti has an impressive history of 
public service and a proven track record of getting things done in his 
previous role at PHMSA. If confirmed, we are confident that he will 
lead the agency with integrity and work to advance hazardous materials 
transportation safety while improving efficiency and modernizing agency 
procedures.
    ACC represents more than 190 of America's leading chemical 
companies. Our members produce a wide variety of chemicals, polymers, 
and related products that make our lives and our world healthier, 
safer, more productive, and more sustainable.
    The business of chemistry supports over 25 percent of the U.S. 
Gross Domestic Product and directly touches nearly all manufactured 
goods. We rely on all modes of transportation to safely deliver 
chemicals crucial to everyday life and the chemical industry is one of 
the largest shipping customers for both freight rail and trucking. 
These chemicals are used in critical functions such as water treatment, 
food production, healthcare, and much more. We rely on a strong, 
resilient, and efficient freight transportation network to support our 
domestic and international supply chains.
    It is critical that PHMSA puts forward regulatory solutions that 
allow American businesses to fully and safely utilize the United 
States' dynamic transportation system. Mr. Roberti's experience at the 
agency will help guide it to future success.
    We strongly recommend confirming Mr. Roberti as PHMSA 
Administrator.
    If you have any questions or require additional information, please 
do not hesitate to contact me.
            Sincerely,
                                                Chris Jahn,
                                                 President and CEO,
                                            American Chemistry Council.

    The Chairman. Senators will have until the close of 
business on Friday, July 18, to submit questions for the 
record. The nominees will have until the close of business on 
Monday, July 21, to respond to those questions.
    That concludes today's hearing. The Committee stands 
adjourned.
    [Whereupon, at 12:01 p.m., the hearing was adjourned.]

                            A P P E N D I X

    Response to Written Questions Submitted by Hon. Jerry Moran to 
                              Derek Barrs
    Question 1. The previous Surface Transportation Reauthorization 
included the Safe Driver Apprenticeship Pilot Program (SDAP), 
established by FMCSA to assist 18-, 19-, and 20-year-old individuals to 
pursue interstate trucking careers.
    The Biden administration added onerous and costly requirements that 
deterred motor carriers from participating in the program, which took 
Congressional action to remove. Providing additional uncertainly, the 
program is set to expire later this year.
    If confirmed, will you commit to supporting the continuation of the 
SDAP program as Congress further considers this issue as part of the 
next surface transportation bill?
    Answer. As a former law enforcement officer and a member of the 
Florida Trucking Association, with decades of experience in public 
safety, my priority has been and will continue to be the safety of both 
drivers and the traveling public. The SDAP program is set to expire in 
November. The data needs to be examined and a report will be sent to 
Congress. If confirmed, I will work with the Secretary, as well as 
Congress to explore the next steps necessary to set the future 
generation of truck drivers up for success.

    Question 2. I have heard from drivers that they are not being 
allowed access to restrooms at various facilities, including shippers, 
receivers, and warehouses. I know certain states, including Washington, 
have taken steps to ensure access to these facilities.
    If confirmed as FMCSA Administrator, will you support legislative 
or regulatory efforts to restore basic human dignity to the men and 
women who keep our supply chain moving and ensure our Nation's truck 
drivers have access to these facilities?
    Answer. I believe in dignified working conditions for all drivers 
on the road. Part of the effort to improve motor carrier safety must 
include improving working conditions, which in turn helps to retain 
safe and experienced drivers. If confirmed, I am willing to further 
discuss this important issue to restore human dignity to our Nation's 
truck drivers and explore potential solutions.

    Question 3. Integral to the mission of the agency you are nominated 
to lead is coordination with other Federal departments and agencies and 
with states, localities, and industry stakeholders to deliver safe and 
efficient transportation networks.
    How will you leverage relationships with state departments of 
transportation, metropolitan planning organizations, local governments, 
and other partners to navigate diverse transportation safety needs 
while upholding a uniform standard of safety throughout the country?
    Answer. As you mentioned safety is integral to the mission, and 
coordination with other entities to ensure our Nation's roadways are 
safe and efficient is paramount. FMCSA relies on the work our state 
inspectors conduct every day to ensure the motoring public is safe.
    Secretary Duffy recently announced the launch of a nationwide audit 
of state practices for issuing non-domiciled Commercial Driver's 
Licenses (CDLs). Ensuring that our state partners are issuing CDLs at 
the level the Agency deems necessary is critical to a safe and 
efficient supply chain.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Ted Budd to 
                              Derek Barrs
    Question 1. The Entry Level Driver Training Rule created minimum 
standards for truck driver training, but many CDL mills and bad actors 
continue to disregard the rule. This is a safety issue, but FMCSA has 
made little progress on removing unfit training organizations from the 
Training Provider Registry. Will you commit to increasing enforcement 
of the Training Provider Registry and removing bad actors within 90 
days of a complaint?
    Answer. Ensuring bad actors are not training the commercial motor 
vehicle drivers of tomorrow is critical in maintaining national safety 
on our roadways. The FMCSA is authorized to audit and investigate 
providers in order to identify and address those who are not compliant 
with the regulations or who are engaging in fraudulent or criminal 
activities. If confirmed, I will commit to auditing and removing bad 
actors within a timely manner.

    Question 2. I understand some autonomous trucking companies have 
previously sent a petition to FMCSA seeking to be allowed to use new 
warning devices on their vehicles, but were denied by the last 
administration. If confirmed, would you be willing to take another look 
at that petition? How should FMCSA adapt regulations to new 
technologies, including autonomous trucking?
    Answer. The core mission of FMCSA is, and always will be, safety. 
FMCSA's unwavering commitment is to save lives and prevent injuries and 
crashes involving large trucks and buses. Every decision FMCSA makes 
and every regulation it considers must be viewed through the lens of 
this fundamental responsibility. FMCSA should support innovation while 
ensuring the highest level of safety on our Nation's roadways. This 
means FMCSA must guarantee the safe integration of Automated Driving 
Systems (ADS)-equipped commercial motor vehicles. A critical component 
of this is ensuring that these vehicles meet a level of safety that is 
equivalent to or greater than the safety standards we currently have in 
place for all commercial motor vehicles. Any petition that comes before 
the agency should be given a fresh and comprehensive review based on 
the latest available safety data and technological analysis. 
Additionally, if confirmed, I will review the ADS rulemaking for 
alignment with the Department's and Administration's priorities and 
will be updating the status and next steps in the Unified Agenda of 
Regulatory and Deregulatory Actions.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Tim Sheehy to 
                              Derek Barrs
    Question 1. Chief Barrs, a speed-limiter rule would disrupt the 
economy in rural states like Montana and jeopardize safety. Will you 
continue to engage small-business truckers in preventing any speed-
limiter mandate, and commit to engaging with them on other important 
safety issues?
    Answer. On June 27, 2025, Secretary Duffy unveiled the Department's 
``Supporting American Truck Driver'' initiative that is in line with 
the President's ``Enforcing Commonsense Rules of the Road For America's 
Truck Drivers'' Executive Order. As part of the Pro-Trucker initiative, 
FMCSA and NHTSA jointly announced and subsequently have taken actions 
to withdraw a proposal to require speed-limiting devices on heavy 
vehicles.
    This decision respects the professionalism of drivers and 
acknowledges the proposed rulemaking lacked a sufficiently clear and 
compelling safety justification.

    Question 2. Montana is home to cutting-edge photonics technology 
being deployed in autonomous systems. Do you see opportunities at FMCSA 
to embrace innovation, including autonomous systems, to make meaningful 
improvements to roadway safety?
    Answer. During my time in law enforcement, I utilized many 
different tools in the proverbial toolbelt in order to ensure safety is 
maintained. If confirmed, I am happy to work with Congress to explore 
opportunities for alignment with the Department's and Administration's 
priorities to utilize automation to make meaningful improvements to 
roadway safety.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                              Derek Barrs
Federal Workforce Staffing Cuts
    In May, DOT paused its planned reductions in force due to ongoing 
litigation. On July 8, the Supreme Court allowed the Administration to 
move forward with widespread firings. There is now uncertainty about 
what actions DOT plans to take. Meanwhile, 13.7 percent of Federal 
Motor Carrier Safety Administration (FMCSA) employees have already left 
the agency through the deferred resignation program.

    Question 1. Yes or No: Do you oppose a reduction-in-force at FMCSA, 
particularly when the agency has already lost nearly 14 percent of its 
workforce?
    Answer. I support Secretary Duffy and President Trump and will 
ensure that safety continues to be priority number 1.

    Question 2. Are you concerned that widespread departures may be 
contributing to the decline in enforcement of commercial motor vehicle 
safety laws?
    Answer. It is my understanding that critical safety positions are 
exempt and not eligible to participate in the deferred resignation 
program.
Autonomous Vehicle Safety and AI Moratorium
    Mr. Barrs, some of my colleagues have proposed prohibiting state 
and local governments from regulating AI. This would include 
prohibiting states from imposing safety and reporting requirements on 
autonomous vehicles.

    Question 1. Are you aware of any Federal requirements to ensure the 
safe operation of autonomous trucks?
    Answer. While a comprehensive Federal regulatory framework for 
autonomous trucks has not been released, FMCSA may exercise its 
existing authority to ensure their safe operation. A motor carrier 
operating in interstate commerce may not operate an autonomous truck 
unless it complies with all current operational requirements and 
standards for parts and accessories as prescribed by the Federal Motor 
Carriers Safety Regulations (FMCSRs). FMCSA retains full enforcement 
authority and can place a vehicle out of service if an automated system 
creates an ``imminent hazard.'' Furthermore, any equipment installed 
that decreases the safety of operation can subject the motor carrier to 
additional enforcement action. If a company cannot fully comply with 
existing regulations, it must seek an exemption by demonstrating a 
likely equivalent to or greater level of safety.

    Question 2. If the Federal government does not have any safety 
requirements, do you think it make sense to prohibit states like 
Florida from ensuring autonomous trucks are safe to operate on public 
roads?
    Answer. Uniformity across our Nation's roadways--particular with 
interstate commerce--ensures there isn't a patchwork of different rules 
and regulations that would deter truck drivers from focusing on their 
day to day operations of safely moving freight.
Fatigue and Truck Accidents
    There were 54 fatal accidents with large trucks in Washington State 
last year, and 1,200 more accidents that resulted in injuries. The NTSB 
has frequently cited fatigue as a significant factor in fatal truck 
crashes. To ensure that truck and bus drivers are getting the rest they 
need, drivers must comply with hours-of-service requirements.
    However, in President Trump's first term DOT created a loophole to 
allow truck drivers to continue driving a loaded truck as long as it 
was for a personal reason known as personal convenience. The Commercial 
Motor Vehicle Safety Alliance found that about 40 percent of drivers 
were misusing this flexibility, and those drivers were four times as 
likely to be in a crash.

    Question 1. Yes or No: If confirmed, would you work to close this 
loophole?
    Answer. There is no question that fatigued driving is a direct 
threat to public safety. No driver should ever operate a commercial 
motor vehicle when their alertness is impaired to a degree that would 
prevent the safe operation of that vehicle. The Hours-of-Service 
regulations are a cornerstone of FMCSA's efforts to combat fatigue.
    Commercial motor vehicle drivers operating in interstate commerce 
must comply with the FMCSRs. Any operation of a commercial motor 
vehicle outside the limits of these safety regulations is unacceptable 
and should be subject to appropriate enforcement action. If confirmed, 
I will ensure the Agency's rulemakings are data driven to improve the 
safety on our Nation's roadways.
Reconciliation Bill and Overtime for Truck Drivers
    President Trump has touted his recent tax bill as the largest tax 
cut in history for middle-and working-class Americans.'' One key 
provision is intended to eliminate taxes on overtime for workers. There 
are 3.5 million truck drivers employed in this country, including 
34,500 truck drivers in the State of Washington. Truck drivers are 
exempted from receiving overtime under the Fair Labor Standards Act of 
1938. We hear from the Trucking Industry frequently about the driver 
shortage.

    Question 1. Do you think that preventing truck drivers from 
receiving a tax exemption on overtime payments will help or hurt the 
trucking industry's ability to recruit new drivers?
    Answer. The millions of truck drivers in this country are the 
backbone of our economy and absolutely critical to the strength of our 
supply chain. They deserve to be treated with dignity and respect for 
the difficult and essential work they perform every day. Addressing 
challenges like driver recruitment and retention is vital for our 
Nation's economic prosperity.
    Questions of overtime pay and tax policy are important ones and 
impact the lives of drivers. However, the laws and regulations 
governing overtime for truck drivers are rooted in the Fair Labor 
Standards Act, which is administered by the Department of Labor, and 
tax policy is determined by Congress. The mission of FMCSA is focused 
solely on safety. My commitment, if confirmed, is to lead FMCSA with a 
laser focus on that safety mission.
Driver Training
    Currently Federal entry level driver training requirements do not 
require truck drivers to spend a certain number of hours training 
behind the wheel of a truck. However, in a negotiated rulemaking a 
broad coalition of trucking companies, drivers, and safety groups 
agreed that it would be appropriate for drivers to receive at least 30 
hours of behind the wheel training.

    Question 2. Do you think the Entry Level Driver Training 
requirements need to be reviewed to require some amount of behind-the-
wheel training?
    Answer. Proficiency behind the wheel is the ultimate goal of the 
entry level driving training. We must be confident that when a driver 
gets behind the wheel of a large truck the driver is trained and ready 
to operate safely on America's roadways. If confirmed, ensuring that 
only the safest drivers are behind the wheel of a commercial vehicle 
will continue to be among the Agency's top priority.
Under 21-Year-Old Truck Drivers
    According to the American Trucking Associations (ATA), the industry 
is facing a shortage of 60,000 truck drivers. However, truck drivers 
under the age of 21 are not permitted in interstate commerce, despite 
being able to drive in intrastate commerce in most states.

    Question 1. Do you believe that allowing 18-year-olds to drive in 
interstate commerce is a good solution to address ATA's concerns about 
a trucking shortage.
    Answer. As a former law enforcement officer and a member of the 
Florida Trucking Association, with decades of experience in public 
safety, my priority has been and will continue to be the safety of both 
drivers and the traveling public, as well as the efficient delivery of 
our Nation's freight. Ensuring that only the safest drivers are behind 
the wheel of a commercial vehicle will continue to be among the 
Agency's top priority. The Safe Driver Apprenticeship Program (SDAP) is 
set to expire in November. The data needs to be examined and a report 
will be promptly sent before Congress. If confirmed, I will work with 
the Secretary, as well as Congress, to explore the next steps necessary 
to set up the future generation of truck drivers for success.
Lease to Own Agreements
    The Bipartisan Infrastructure Law created a task force to study 
predatory lease to purchase agreements for truck drivers. The task 
force, made up of a broad group including carriers, owner-operators, 
lessors, attorneys, and economists recommended that these lease to 
purchase agreements be banned.

    Question 1. Do you agree these agreements should be banned?
    Answer. If confirmed, I will work with the industry to ensure 
safety is the top priority when operating a commercial motor vehicle 
business.

    Questions 2. What steps will you take at FMCSA to address the 
recommendations in this report?
    Answer. If confirmed, I will work with the industry to ensure 
safety is the top priority when operating a commercial motor vehicle 
business.
Universal Identifiers
    The Commercial Vehicle Safety Alliance, which represents many state 
commercial vehicle enforcement organizations, has recommended that 
FMCSA require universal identifiers on all trucks to improve 
enforcement efficiency. However, some truck drivers have raised privacy 
concerns with the technology.

    Question 1. Do you think that universal identifiers are beneficial 
to truck safety enforcement?
    Answer. I served as the chairman of the Commercial Vehicle Safety 
Alliance's Enforcement and Industry Modernization Committee and 
President of the Transportation Industry membership.
    There, I helped advance initiatives in connected and automated 
vehicle technologies, data sharing, and cross-jurisdictional 
collaboration. If confirmed, I will work with industry and stakeholders 
to progress technologies and improve safety.

    Question 2. What actions regarding universal identifiers would you 
take at FMCSA?
    Answer. If confirmed, I will work with industry to create 
collaborative ways to improve safety.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                              Derek Barrs
Automatic Emergency Braking
    The Bipartisan Infrastructure Law required DOT to issue a final 
rule to require Automatic Emergency Braking (AEB) on all newly 
manufactured large trucks by November 2023. DOT estimates this 
technology will save over a hundred lives, prevent thousands of 
injuries, and tens of thousands of crashes involving large trucks every 
year. This critical standard is nearly 2 years overdue.

    Question 1. Do you commit to expedite the completion of the final 
AEB rule? When is your target date to issue the final rule?
    Answer. Safety on America's roadways is critical and vehicle 
technology can play an important role. If confirmed, I will review this 
rulemaking for alignment with the Department and Administration 
priorities and will be updating the status and next steps in the 
Unified Agenda of Regulatory and Deregulatory Actions.
Quarterly Motor Carrier Safety Progress Report
    Question 1. Do you commit to ensuring Quarterly Motor Carrier 
Safety Progress Reports are transparently published in a timely manner?
    Answer. If confirmed, I will commit to ensuring all reports are 
published in a timely manner.
Truck Underrides
    The FMCSA report on side underride guards published in 2020 
excluded any data on the number of pedestrians, cyclists, and 
motorcyclists that would be saved by the device. Subsequently, NHTSA 
did not account for these lives in its cost-benefit analysis in the 
2023 ANPRM. This means the lives of at least two of my constituents--
Minh-Thi Nguyen and Sidney Olson--were not accounted for in the 
benefits of a safety regulation that could have saved their lives. In 
April, the FMCSA denied a petition by the Insurance Institute for 
Highway Safety to correct its report and include lives saved of 
pedestrians, cyclists, and motorcyclists.

    Question 1. Do you commit to reverse this decision and ensure the 
lives of my constituents are included in the FMCSA's report on the 
benefits of side underride guards?
    Answer. If confirmed, I commit to connect with you and your staff 
to further discuss, as well as engage with my colleagues at NHTSA. 
Underrides and all Federal motor vehicle safety standards are under the 
purview of NHTSA, not FMCSA.
Staffing Cuts
    According to recent reporting by Politico, 13.7 percent of FMCSA's 
employees took the Delayed Resignation Program offer.

    Question 1. At an agency whose chief mission is safety, do you 
support these drastic cuts to FMCSA's workforce?
    Answer. I support Secretary Duffy and President Trump and will 
ensure that safety continues to be priority number 1. If confirmed, I 
commit to carrying out FMCSA's mission to reduce crashes, injuries, and 
fatalities involving large trucks and buses.

    Question 2. What actions will you take to ensure FMCSA has the 
staff it needs to deliver on its safety mission?
    Answer. It is my understanding that critical safety positions are 
exempt and not eligible to participate in the deferred resignation 
program.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                              Derek Barrs
    Question 1. The impact of heavier and longer trucks on our roads 
has been an ongoing concern I've heard from trucking, labor, and law 
enforcement. As the cost of replacing aging infrastructure continues to 
rise and accidents involving larger trucks climb, will you commit to 
working with a diverse industry stakeholder group when considering any 
changes to Federal weight and length limits for trucks?
    Answer. If confirmed, I will talk with all stakeholders who are 
willing to discuss safety matters. Specific to size and weight, that 
falls outside of the purview of FMCSA, but I am happy to work with 
Congress, stakeholders, and FHWA on considering any changes to Federal 
weight and length limits for trucks.

    Question 2. One of the most persistent and dangerous challenges in 
the freight sector is the national shortage of safe and available truck 
parking. When drivers are unable to find parking, they are forced to 
make unsafe choices--such as parking on highway shoulders or in 
unsecure locations--which puts both them and other road users at risk. 
New technologies that leverage real-time data sharing and predictive 
intelligence could offer solutions to help fleet managers and drivers 
locate available parking, and help state DOTs better plan where to best 
locate new parking capacity. If confirmed, how will you work to advance 
safe and adequate truck parking nationwide, and will you include the 
use of innovative technologies in addressing this challenge?
    Answer. Having adequate and safe truck parking is one of the most 
significant safety issues facing the industry. I applaud Secretary 
Duffy for his hard work on prioritizing safe truck parking and if 
confirmed, I will continue to work with the Secretary, Congress, and 
FHWA to advance safe and adequate truck parking nationwide.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                              Derek Barrs
    Question 1. The role of the Department of Transportation is to 
ensure all vehicles, including those equipped with partially or fully 
automated driving systems, are safe for all road users. In 2024, nearly 
70 percent of all vehicles sold in the U.S. had some form of automated 
driving system. One of the most prevalent issues leading to AV crashes 
is over-trust in the automated system, leading to lack of oversight by 
the human in the loop. Trust in these systems is built on the 
assumption that the government is performing its oversight duties to 
ensure cars and roads are safe for everyone.

    (a) What do you plan to do to ensure drivers' trust in commercial 
AV technology is not misguided? How do you plan to enforce safety 
mechanisms in commercial autonomous vehicles so we can all benefit from 
the promise of these technologies?

    (b) What do you believe are the biggest safety concerns or 
challenges that are unique to commercial autonomous vehicles?
    Answer. The core mission of FMCSA is, and always will be, safety. 
FMCSA's unwavering commitment is to save lives and prevent injuries and 
crashes involving large trucks and buses. Every decision FMCSA makes 
and every regulation it considers must be viewed through the lens of 
this fundamental responsibility. FMCSA should support innovation while 
ensuring the highest level of safety on our Nation's roadways. This 
means FMCSA must guarantee the safe integration of Automated Driving 
Systems (ADS)-equipped commercial motor vehicles. A critical component 
of this is ensuring that these vehicles meet a level of safety that is 
equivalent to or greater than the safety standards we currently have in 
place for all commercial motor vehicles. Any petition that comes before 
the agency should be given a fresh and comprehensive review based on 
the latest available safety data and technological analysis. 
Additionally, if confirmed, I will review the ADS rulemaking for 
alignment with the Department and Administration priorities and will be 
updating the status and next steps in the Unified Agenda of Regulatory 
and Deregulatory Actions.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. John Hickenlooper to 
                              Derek Barrs
Commercial Driver's License Audits & Oversight
    Last year, we witnessed tragic fatalities in Jefferson County, 
Colorado, that involved trucking companies failing safety standards or 
employees unlicensed truck drivers. In response to our Sept. 2024 
letter expressing these safety concerns to the Federal Motor Carrier 
Safety Administration (FMCSA), we learned:

   In Fiscal Year 2023, 705 motor carriers were identified with 
        Commercial Drivers License (CDL) violations;

   In Fiscal Year 2024, 683 motor carriers had CDL violations.

    Every violation by motor carriers to ensure their drivers maintain 
valid CDL licenses puts more lives at risk.

    How will FMCSA improve its oversight and increase frequency of 
auditing the CDL registrations for commercial truck drivers?
    Answer. Safety is integral to the mission and coordination with 
other entities to ensure our Nation's roadways are safe and efficient 
is paramount. FMCSA relies heavily on the work our state inspectors 
conduct every day to ensure the motoring public is safe. Secretary 
Duffy recently announced the launch of a nationwide audit by the 
Department of state practices for issuing non-domiciled CDLs. It is 
critical to ensure that all state licensing agencies are issuing 
commercial driver's licenses that meet all Federal requirements that 
FMCSA deems necessary to promote a safe and efficient supply chain.
Automatic Emergency Braking
    The Infrastructure Investment and Jobs Act (IIJA) required DOT to 
issue a final rule to require Automatic Emergency Braking (AEB) on all 
newly manufactured large trucks by November 2023. DOT estimates this 
technology will save over a hundred lives, prevent thousands of 
injuries, and tens of thousands of crashes involving large trucks 
annually. This critical standard is nearly 2 years overdue.

    What steps will you commit to taking to expedite the completion of 
the final AEB rule? When is your target date to issue the final rule?
    Answer. Safety on America's roadways is critical and vehicle 
technology can play an important role. If confirmed, I will review this 
rulemaking for alignment with the Department's and Administration's 
priorities and will be updating the status and next steps in the 
Unified Agenda of Regulatory and Deregulatory Actions.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                           Jonathan Morrison
    Question 1. Mr. Morrison, do you agree that autonomous vehicles 
(AVs) have the potential to improve traffic safety?
    Answer. Yes. Properly developed and operated AVs have the unique 
ability to prevent the vast majority of crashes, injuries, and 
fatalities caused by human choices and errors--impairment, distraction, 
and speeding.

    Question 2. If confirmed, will you commit to making the adoption 
and deployment of new safety technologies like AVs a priority at the 
National Highway Traffic Safety Administration?
    Answer. While AV and other technology developers have the ability 
to deploy without pre-approval from NHTSA, the agency can foster 
development and deployment by engaging with industry and establishing 
best practices, guidance, removal of unintended barriers to designs 
enabled by automated driving systems, and eventual regulation. If 
confirmed, I will work with the Secretary to realize his vision for an 
AV framework to assure safe deployment.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jerry Moran to 
                           Jonathan Morrison
    Question 1. The National Highway Traffic Safety Administration, 
under the previous administration, had taken requirements from the last 
Surface Transportation Reauthorization for the State Highway Safety 
Grant Programs and expanded them beyond the Congressional intent--
resulting in increased red tape in delivering these safety programs.
    Will you work with the states to find ways to reduce administrative 
red tape so that more of the money intended for safety programs can be 
put to work improving safety on our roadways?
    Answer. If confirmed, I would help implement the Secretary's vision 
for reducing red tape. While the agency must ensure that taxpayer 
dollars are appropriately spent, removal of unnecessary bureaucratic 
hurdles to the efficient distribution of safety-focused grant funding 
would be a priority. This would likely involve working with the States 
to identify specific areas for streamlining administrative 
requirements.

    Question 2. Under the last administration, NHTSA changed how State 
Highway Safety Offices (SHSOs) plan and report on their use of Federal 
grant funds, requiring they submit plans every three years and an 
annual update on changes and grant activity for the Fiscal Year. 
Kansas' Annual Grant Application for FY24 ended up being 493 pages to 
provide all the information required by NHTSA, creating an overly 
cumbersome process.
    How will you work with the states to find ways to enhance 
coordination and collaboration in prioritizing safety, while also being 
cognizant of minimizing cumbersome tasks?
    Answer. If confirmed, I would help implement the Secretary's vision 
for reducing red tape. This would likely involve creation of working 
groups with States, NHTSA headquarter officials, and NHTSA regional 
offices to identify specific areas for streamlining administrative 
requirements in a manner that maintains appropriate oversight over 
taxpayer dollars to ensure they are used to maximize safety outcomes.

    Question 3. Integral to the mission of the agency you are nominated 
to lead is coordination with other Federal departments and agencies and 
with states, localities, and industry stakeholders to deliver safe and 
efficient transportation networks.
    How will you leverage relationships with state departments of 
transportation, metropolitan planning organizations, local governments, 
and other partners to navigate diverse transportation safety needs 
while upholding a uniform standard of safety throughout the country?
    Answer. Consistent communication between NHTSA headquarters and 
regional offices, State and local governments, and other safety 
stakeholders, is critical to understanding the safety challenges unique 
to each locale while also setting expectations for deployment of 
countermeasures.
                                 ______
                                 
  Response to Written Question Submitted by Hon. Marsha Blackburn to 
                           Jonathan Morrison
    Question 1. NHTSA has a horrible track record of meeting deadlines 
set by Congress. A 2022 GAO report revealed that NHTSA failed to 
complete 17 of 22 mandated rulemakings by their statutory deadlines. 
These deadlines are not suggestions--they're law. President Trump has 
focused on cutting through bureaucracy and right-sizing Federal 
agencies to ensure that deadlines are met and efficiency is a priority. 
What steps are you planning to decrease the long delay times for NHTSA 
responses to official requests?
    Answer. Federal Motor Vehicle Safety Standards are technical/
engineering standards that must meet strict criteria in the Motor 
Vehicle Safety Act and notice-and-comment rulemaking requirements of 
the Administrative Procedure Act. Ensuring standards are objective, 
practicable, meet the need for motor vehicle safety and grounded upon a 
sound scientific basis is critical both to ensuring legal sufficiency, 
cost-effectiveness, and avoiding unintended adverse safety 
consequences. Ensuring the necessary scientific basis requires 
research. If appropriate and relevant research on a particular 
technology does not yet exist, NHTSA must carry out or sponsor that 
research itself, which takes time to plan and conduct. If confirmed, I 
will ensure NHTSA's rulemaking resources are appropriately allocated to 
required rulemaking.. Further, I understand that the Government 
Accountability Office recently issued recommendations to NHTSA on 
reducing the rulemaking timeline, with which the agency concurred. If 
confirmed, I will work to ensure these recommendations are implemented 
where appropriate.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Ted Budd to 
                           Jonathan Morrison
    Question 1. It's critical for America that NHTSA writes new FMVSS 
specifically for AVs. Harmonizing AV regulation nationally via robust 
Federal AV rules will promote regulatory certainty for industry and 
will ensure all American consumers are protected by the same 
regulations. If NHTSA cannot get the right regulations in place soon to 
support the safe and quick deployment of this technology, we'll see 
other countries try to steal America's lead. China is already trying to 
take advantage and leapfrog the U.S. like they have in so many other 
industries. As NHTSA administrator, do you commit to establishing ADS-
specific FMVSS and prioritizing the U.S. remaining the global leader on 
AVs?
    Answer. If confirmed, I will prioritize realizing the Secretary's 
vision of an AV framework that enables safe deployment of the 
technology to ensure the United States remains the global leader in AV 
technological development and deployment.

    Question 2. On December 3, 2024, NHTSA issued a final decision 
notice adding four new advanced driver assistance systems technologies 
to the New Car Assessment Program. This notice includes these new 
technologies in NHTSA's assessment starting with the 2026 Model Year, 
which manufacturers could begin selling in January 2025. Essentially, 
NHTSA provided only 1 month of lead-time to the industry for this 
program. If confirmed, will you work with industry to set more 
reasonable timeframes for NHTSA programs?
    Answer. Yes.

    Question 3. Under the last administration NHTSA expanded reporting 
and compliance requirements for several grant programs. Instead of 
working to reduce drunk driving or encourage seatbelt use, state 
employees are spending their time jumping through hoops and filling out 
paperwork. If confirmed, will you work with states to reduce 
administrative red tape so that NHTSA's programs can actually be put to 
work improving safety on our roadways?
    Answer. Yes. While the agency must ensure that taxpayer dollars are 
appropriately administered, removal of unnecessary bureaucratic hurdles 
to the efficient distribution of safety-focused grant funding will be a 
priority, should I be confirmed.

    Question 4. Last month, our friends across the Capitol held a 
hearing on the state of the auto industry. Each panelist had the same 
message: industry needs a well-resourced and transparent regulator in 
order to flourish and maintain U.S. Competitiveness, but NHTSA is not 
working well. Safety groups, regulated parties, and the Insurance 
Institute for Highway Safety all agree that NHTSA needs to be better 
than it has been in the recent past. What are your top ideas to make 
NHTSA a collaborative and transparent agency again?
    Answer. If confirmed, I plan to provide avenues for consistent and 
deep communication between agency leadership and staff, industry, and 
technical safety experts. Doing so is critical to ensuring NHTSA 
understands how technology is developing, and industry understands 
agency priorities and concerns.

    Question 5. Many innocent people have lost their lives in a 
gruesome and preventable kind of traffic crash known as ``underride.'' 
These underride crashes can happen at the rear and sides of large 
commercial trucks and are caused by the mismatch between the tall 
bottom edge of trailers and the relatively lower heights of all other 
vehicles that share the roads with them. Many of these underride 
casualties are pedestrians and bicyclists, who are especially 
vulnerable to being trapped under the tandem wheels of large trucks in 
low-speed encounters on town and city streets.
    Those fatalities can be prevented by side underride guards, which 
act to block pedestrians and cyclists from falling beneath the tractor-
trailer and being crushed to death under its rear wheels. NHTSA knows 
about this problem and announced a proposed rulemaking for side 
underride guards, which remains pending. In the last administration, 
however, NHTSA did not count preventing the deaths of pedestrians and 
bicyclists as a benefit of its proposed rulemaking.
    Will you, as NHTSA Administrator, conduct a full cost-benefit 
analysis of this pending proposed rulemaking or any future rulemaking 
on side underride guards?
    Answer. If confirmed, I would work with agency economists to ensure 
that appropriate factors are considered as part of any benefit-cost 
analyses.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Eric Schmitt to 
                           Jonathan Morrison
    Question 1. In the past, vehicle owners controlled the data their 
cars generated--like its mileage, tire pressure, and location. But with 
connected vehicles, automakers are increasingly limiting that access. 
When owners have access to and control over their data, they can ensure 
proper maintenance and monitor driving safety, which will ultimately 
help improve traffic flow. Given the implications raised by some 
stakeholders, can you commit to working with me to ensure owners retain 
appropriate access to their vehicle data?
    Answer. Failure to appropriately maintain or service vehicles has 
safety consequences ranging from brake failure to sudden loss of motive 
power to tire blow outs. The ability of vehicle owners to service and 
maintain their own vehicles, or have their vehicles serviced or 
maintained at the facility of their choice is important to ensuring 
safety. If confirmed, I would support efforts to provide consumers with 
secure access to data necessary to maintain or service their vehicles.

    Question 2. As part of the Infrastructure Jobs and Investment Act 
(IIJA), NHTSA's regulations are required to define what constitutes 
both ``public participation and engagement'' and ``effective community 
collaboration''. They have even gone so far as to say that if a highway 
safety program did not originate from a request of the affected 
community, then such a program does not meet public participation 
expectations of the law. For example, if Missouri Department of 
Transportation (MoDOT) were to go to a school district or a local 
community that has low seat belt use and recommend some programs or 
countermeasures the school or community could implement, NHTSA has, at 
times, only deemed this eligible for a grant if the idea originated 
from the community itself. This has resulted in increased 
administrative burdens for highway safety programs, diverting time and 
resources from implementation.
    How do you plan to work with states to reduce administrative red 
tape so that the states and their highway safety partners can spend 
more time implementing safety programs than administering them?
    Answer. If confirmed, I would help implement the Secretary's vision 
for reducing red tape. While the agency must ensure that taxpayer 
dollars are appropriately spent, removal of unnecessary bureaucratic 
hurdles to the efficient distribution of safety-focused grant funding 
would be a priority. This would likely involve working with the States 
to identify specific areas for streamlining administrative 
requirements.

    Question 3. Vehicle-to-Everything technology, or ``V2X'', has 
demonstrated significant potential to reduce crashes, save lives, and 
improve traffic efficiency. However, the Department of Transportation's 
National Deployment Plan for V2X was recently taken down, creating 
uncertainty about the Federal government's direction on this critical 
safety technology. Meanwhile, state and local governments are making 
considerable investments in V2X infrastructure to improve roadway 
safety and efficiency.
    Given this momentum of V2X, are you willing to work collaboratively 
with public and private sector stakeholders to develop a voluntary 
framework for national V2X deployment? And will you ensure that NHTSA 
provides leadership and coordination to support these ongoing 
investments and maximize the safety and mobility benefits of V2X for 
all Americans?
    Answer. V2X technologies provide great potential safety and 
efficiency benefits for next generation vehicles, other road users, and 
infrastructure. If confirmed, I would work with the Secretary to 
achieve his vision for efficient and effective V2X deployment to 
achieve positive safety outcomes.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                           Jonathan Morrison
Federal Workforce Staffing Cuts
    In May, the DOT paused its planned reductions in force due to 
ongoing litigation. On July 8, the Supreme Court allowed the 
Administration to move forward with widespread firings. There is now 
uncertainty about what actions DOT plans to take. Meanwhile, 27.8 
percent of National Highway Traffic Safety Administration (NHTSA) 
employees have already left the agency through the deferred resignation 
program.

    Question 1. Yes or No: Do you oppose a reduction-in-force at NHTSA, 
particularly when the agency has already lost over 27 percent of its 
workforce?
    Answer. Since I'm not yet at the agency, I'm not aware of how 
NHTSA's staff is allocated amongst the various divisions, nor how 
workstreams are currently staffed.

    Question 2. Are you concerned that widespread departures undermine 
NHTSA's ability to ensure public safety and pursue investigations?
    Answer. Since I'm not yet at the agency, I'm not aware of how 
NHTSA's staff is allocated amongst the various divisions, nor how 
workstreams are currently staffed.
Stalled Safety Standards
    Nearly 40,000 people die in traffic accidents every year, including 
731 people who died in Washington State last year. The most common 
causes of traffic accidents are impaired and distracted driving, and 
speeding. NHTSA is responsible for setting and enforcing vehicle safety 
standards.
    During your previous time at DOT, the agency did not issue a single 
new Federal motor safety standard. Currently, there are 19 outstanding 
congressionally mandated vehicle safety requirements the agency has not 
completed. This includes automatic emergency braking for trucks, which 
could prevent 19,000 crashes annually, and lane keep assist, which 
could reduce crashes by 24 percent.

    Question 1. What Congressionally mandated Federal motor vehicle 
safety requirement rulemakings will you prioritize to decrease the 
number of fatal accidents on our roads, if confirmed?
    Answer. Since I'm not yet at the agency, I'm not aware of how far 
staff has progressed in its various ongoing rulemakings. If confirmed, 
I would be briefed on the status of all outstanding rulemaking 
mandates,.

    Question 2. If confirmed, will you commit to completing 
congressionally mandated vehicle safety rulemakings in a timely manner?
    Answer. If confirmed, I will exercise my leadership to ensure that 
all laws are faithfully executed and statutory mandates complied with.
Autonomous Vehicle Safety and AI Moratorium
    Mr. Morrison, some of my colleagues have proposed prohibiting state 
and local governments from regulating AI. This would include 
prohibiting states from imposing safety and reporting requirements on 
autonomous vehicles.

    Question 1. Does DOT have any requirements to ensure the safe 
operation of autonomous vehicles?
    Answer. Pursuant to the Motor Vehicle Safety Act, manufacturers 
have the obligation to file a defect notice and commence the recall 
process within five days of having reason to believe that the vehicle 
or equipment has a defect in design, construction, or performance 
posing an unreasonable risk to safety. This applies to all vehicles, 
including AVs.

    Question 2. If the Federal government does not have any safety 
requirements, does it make sense to prohibit states from ensuring 
autonomous vehicles are safe to operate on public roads?
    Answer. As described in response to Question 1, all vehicles, 
including autonomous vehicles, are subject to the Motor Vehicle Safety 
Act's broad defect authorities. I will defer to Congress on legislative 
efforts to restrict State regulation of Autonomous Vehicles.
Safe Systems Approach for Roadway Safety
    Roadway fatality rates in the United States are 15 percent higher 
than they were a decade ago. Clearly, we need to fix the safety culture 
on our roads. Currently, three Federal agencies work with three 
different agencies in each state to address their own aspects of 
roadway safety, often without any coordination.
    We have learned from other industries, including the aviation 
industry, that looking at safety holistically and creating redundancy 
is essential to preventing mistakes that could lead to fatal accidents.

    Question 1. Yes or No: Do you agree that a safe system approach is 
the best way to reduce roadway fatalities?
    Answer. Yes--multi-prong approaches that provide for redundancy, 
such as a safe system approach, provide for a better and more 
comprehensive means to reduce fatality risks.

    Question 2. How do you believe NHTSA can work with other modal 
administrations at the DOT to address safety holistically?
    Answer. NHTSA can work with other modal administrations to address 
safety in several areas. This takes consistent collaboration on areas 
of adjacent or overlapping authority (e.g., the Federal Motor Carrier 
Safety Administration on trucking safety). If confirmed, I would look 
forward to working with the Secretary on ensuring that intermodal 
workstreams are aligned to achieve the most effective results.

    Question 3. Yes or No: Do you support state and local efforts to 
implement comprehensive safety plans also known as ``vision zero 
plans?''
    Answer. Yes, if those plans are followed with concrete steps to 
address safety risks.
Suppressing Safety Data
    Last year I sent a letter to DOT requesting documents related to 
allegations NHTSA suppressed safety data that showed side underride 
guards on truck trailers were cost beneficial. You were NHTSA's Chief 
Counsel at the time.

    Question 1. While serving as NHTSA's Chief Counsel, did you allow 
any industry group to view, edit, or provide comment on a cost-benefit 
analysis or proposed research compiled by DOT's Volpe Center related to 
side underride guards?
    Answer. No.

    Question 2. Did you participate in a January 2020 meeting of DOT, 
NHTSA, and FMCSA officials related to the Volpe Center and side 
underride guards? If not, did any NHTSA attorneys in your office 
participate?
    Answer. Yes.

    Question 3. Did you participate in any meetings with members of the 
American Trucking Association related to the Volpe Center and side 
underride guards? If so, provide the dates, participants, and purpose 
of each meeting.
    Answer. No.

    Question 4. Do you think it's appropriate to allow industry groups 
to have special access to pre-decisional government reports that have a 
direct financial impact on them?
    Answer. No.

    Question 5. If confirmed, do you commit to full transparency at 
NHTSA regarding meetings with industry lobbyists on issues related to 
public safety?
    Answer. If confirmed, I will follow the law.
Apple
    Mr. Morrison, after working at NHTSA during the first Trump 
Administration, you worked in the Special Projects Group at Apple for 
the past four years. According to reports, during your tenure at Apple, 
the company spent billions of dollars developing a self-driving car, 
named ``Project Titan.'' Little information is known about Project 
Titan, although some reports indicate Apple largely ended this effort 
last year.

    Question 1. Mr. Morrison, please describe in detail your work on 
Project Titan or any other self-driving car project at Apple.
    Answer. I am subject to non-disclosure requirements that do not 
allow me to discuss non-public work I performed at Apple.

    Question 2. I understand you informed my staff during your 
interview on May 28, 2025, that you would not disclose the specifics of 
your work at Apple due to multiple non-disclosure agreements (NDAs). Is 
that still your position today?
    Answer. Yes.

    Question 3. Have you asked Apple to release you from these NDAs?
    Answer. No.

    Question 4. If a Member of this Committee directed you to ask Apple 
to release you from your NDAs, would you do so? If no, explain why not.
    Answer. I will work with the Committee, if confirmed.

    Question 5. Do you believe it is appropriate to conceal the work 
you did for a private company when it is directly relevant to the 
position for which you have been nominated?
    Answer. If any matter arises that could have implications for 
Apple, I will consult with NHTSA's Designated Ethics Official prior to 
any engagement.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                           Jonathan Morrison
Driver Automation
    Almost every manufacturer of driver automation systems and partial 
driver automation systems restrict their systems only to the roads and 
driving conditions the systems are designed for. Manufacturers do this 
using a technology known as ``geofencing.'' Tesla is an industry 
exception, allowing its Autopilot and Full-Self drive features to be 
enabled on any road and in any driving condition. During your hearing, 
you said regulation is appropriate when ``a technology is fully 
understood and after an industry consensus has already been reached.'' 
Geofencing driving automation systems appears to meet both these 
criteria given its widespread adoption by industry with the exception 
of Tesla.

    Question 1. Do you agree that NHTSA should require all driving 
automation systems, including partial driving automation systems like 
Autopilot, to be constrained to the specific roads and conditions they 
are designed for?
    Answer. Level 3 and Level 4 automated driving systems are 
inherently limited to use within their operational design domain, and 
failure to include a fallback maneuver to achieve a minimal risk 
condition when an operational design domain is exceeded would present a 
safety risk subject to the Motor Vehicle Safety Act's defect 
requirements. With driver assistance systems, a human is driving under 
all circumstances and responsible for safe operation of the vehicle. 
The manufacturer of the system is expected to provide countermeasures 
to address reasonably foreseeable misuse, which may include a 
combination of geofencing, driver monitoring, and other technologies to 
provide assurance that the system is being used properly. Failure to 
include such countermeasures would present a safety risk subject to the 
Motor Vehicle Safety Act's defect requirements.
Truck Underrides
    Q: During your hearing, you told Senator Lujan that you were not 
familiar with the truck underride side guard rulemaking. However, files 
released under the Freedom of Information Act show you were the direct 
recipient of e-mails regarding the publication of an FMCSA report on 
this topic. Records also show your direct reports were heavily involved 
in the report's revision and publication. The report itself was highly 
controversial due to investigative reporting at ProPublica.

    Question 1. Now that you have had the chance to refamiliarize 
yourself with the issue, can you commit to ensuring the lives of my 
constituents--Minh-Thi Nguyen and Sidney Olson--and all vulnerable road 
users are included in any cost-benefit analysis NHTSA conducts while 
reviewing this rule?
    Answer. If confirmed, I would work with agency economists to ensure 
that all appropriate factors are considered as part of any benefit-cost 
analyses.
Distracted Driving
    Research suggests distracted driving may be implicated in as many 
as 30 percent of all crashes. The Bipartisan Infrastructure Law 
required NHTSA to conduct research on distracted driving and, if 
appropriate, propose rulemaking to prevent distracted driving. The 
research was mandated to be conducted within three years of enactment 
and is now long overdue.

    Question 1. Can you commit to expeditiously completing this 
research and undertaking a rulemaking to mitigate distracted driving?
    Answer. If confirmed, I will be briefed on the status of the 
research and provide resources to ensure the research is completed in a 
timely manner. Upon completion of the research, and based upon the 
findings of that research and other relevant information pursuant to 
the Motor Vehicle Safety Act, I will work with staff and the Secretary 
to determine whether a rulemaking is appropriate.
Seatback Safety
    For decades, front seats in vehicles have endangered back seat 
riders' lives when they collapse and become projectiles during rear-end 
collisions. The Bipartisan Infrastructure Law mandated NHTSA propose 
rulemaking to update the standards for seat back safety and protect 
back seat riders, many of whom are children. NHTSA announced a proposed 
rule in July 2024.

    Question 1. Do you commit to expeditiously finalizing this long 
overdue rule and protecting the lives of children in back seats?
    Answer. If confirmed, I will be briefed on the status of the 
rulemaking and will exercise my leadership to ensure that all laws are 
faithfully executed, and statutory mandates complied with.
Staffing Cuts
    According to recent reporting by Politico, 28 percent of NHTSA's 
employees took the Delayed Resignation Program offer.

    Question 1. At an agency whose chief mission is safety, do you 
support these drastic cuts to NHTSA workforce?
    Answer. If confirmed, I would seek to ensure that the agency has 
sufficient staffing to accomplish its mission, and look forward to 
working with NHTSA's fantastic team of safety professionals.

    Question 2. What actions will you take to ensure NHTSA has the 
staff it needs to deliver on its safety mission?
    Answer. Since I'm not yet at the agency, I'm not aware of how 
NHTSA's staff is allocated amongst the various divisions, nor how 
workstreams are currently staffed.
CAFE Standards
    The reconciliation bill zeroed out penalties for automakers who 
violate the Corporate Average Fuel Economy standards--unless the 
Department of Transportation explicitly notifies them of noncompliance.

    Question 1. Will you commit to publishing a public list of 
violators, including who has received official noncompliance notices 
from the Department of Transportation?
    Answer. If confirmed, I will follow the law.
Scientific Research
    Question 1. Will you commit to ensuring that the findings of 
scientific research conducted by your agency will be communicated 
accurately, methodology will be transparent and available to those who 
wish to understand it, and that the scientists who generated the work 
will have an opportunity to correct any misrepresentations of their 
work prior to dissemination?
    Answer. Transparency of research methodology and findings is 
critical to ensuring that NHTSA's research continues to set the gold 
standard in the vehicle and behavioral safety research fields, and I 
will ensure that the agency continues to be transparent in these areas.

    Question 2. Do you pledge to use the best available scientific 
evidence to inform decisions and evidence-based policies, and to 
communicate clearly and accurately with the public regarding the 
evidence that informed these decisions and policies?
    Answer. Yes.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                           Jonathan Morrison
    Question 1. Over the course of Administrations under both parties, 
NHTSA has fallen behind on rulemakings in response to Congressional 
mandates. Studies have also found that it takes NHTSA over 5 years on 
average to complete a rulemaking.

    a. If confirmed, what is your plan to complete this rulemaking 
backlog and what steps do you think might be appropriate to improve 
NHTSA's operations?
    Answer. Federal Motor Vehicle Safety Standards are technical/
engineering standards that must meet strict criteria in the Motor 
Vehicle Safety Act and notice-and-comment rulemaking requirements of 
the Administrative Procedure Act. Ensuring that standards are 
objective, practicable, meet the need for motor vehicle safety and 
grounded upon a sound scientific basis is critical both to ensuring 
legal sufficiency, cost-effectiveness and avoiding unintended adverse 
safety consequences. Ensuring the necessary scientific basis requires 
research. If appropriate and relevant research on a particular 
technology does not yet exist, NHTSA must carry out or sponsor that 
research itself, which takes time to plan and conduct. If confirmed, I 
will ensure that NHTSA's rulemaking resources are appropriately 
allocated to required rulemaking. Further, I understand that the 
Government Accountability Office recently issued recommendations to 
NHTSA on reducing the rulemaking timeline, with which the agency 
concurred. If confirmed, I will work to ensure that these 
recommendations are implemented where appropriate.

    b. Will you commit to providing timely and transparent updates to 
Congress on NHTSA's regulatory agenda and progress on specific 
rulemakings?
    Answer. I will work toward delivering on NHTSA's regulatory agenda.

    Question 2. I have long been a champion of autonomous vehicle 
technology and believe that, if deployed correctly and responsibly, 
this technology can transform roadway safety.

    a. Will you commit to maintaining transparency and safety as 
guiding principles as you work to provide a regulatory framework for 
the deployment of autonomous vehicles on our roads?
    Answer. Yes.

    b. What rulemakings do you think it would be appropriate for NHTSA 
to pursue related to autonomous vehicle testing and deployment?
    Answer. I believe a combination of amending existing FMVSS to 
remove unnecessary and unintended barriers to designs enabled by 
automated driving systems and establishment of performance requirements 
for automated driving system competency will be necessary. In the 
meantime, NHTSA can issue guidance documents and best practices to help 
align industry toward appropriate and safe development, testing, and 
deployment of automated driving systems. Lastly, strong agency 
oversight and transparency are necessary to foster consumer trust.

    c. Will you commit to sharing updates with Congress, including my 
staff, on your progress related to an AV framework?
    Answer. Yes, as appropriate.

    d. If confirmed, will you support maintaining NHTSA's Standing 
General Order on collecting crash data on autonomous and semi-
autonomous systems?
    Answer. Yes.

    Question 3. Vehicle-to-Everything technology, or ``V2X'', has 
demonstrated significant potential to reduce crashes, save lives, and 
improve traffic efficiency. However, the Department of Transportation's 
National Deployment Plan for V2X was recently taken down, creating 
uncertainty about the Federal government's direction on this critical 
safety technology. Meanwhile, state and local governments are making 
considerable investments in V2X infrastructure to improve roadway 
safety and efficiency.

    a. Are you willing to work collaboratively with public and private 
sector stakeholders to develop a voluntary framework for national V2X 
deployment?
    Answer. V2X technologies provide great potential safety and 
efficiency benefits for next generation vehicles, other road users, and 
infrastructure. If confirmed, I would work with the Secretary to 
achieve his vision for efficient and effective V2X deployment to 
achieve positive safety outcomes.

    b. And will you ensure that NHTSA provides leadership and 
coordination to support these ongoing investments and maximize the 
safety and mobility benefits of V2X for all Americans?
    Answer. If confirmed, I would work with the Secretary to achieve 
his vision for efficient and effective V2X deployment to achieve 
positive safety outcomes.

    Question 4. NHTSA's pending ANPRM on side underride guards 
estimated very few preventable deaths could be expected with a side 
underride guard requirement on tractor trailers, making the costs of 
regulation exceed benefits. This estimate reflected assumptions in the 
rulemaking's cost-benefit analysis that excluded whole categories of 
preventable deaths, the largest of which was vulnerable road users 
(pedestrians, bicyclists, and motorcyclists).

    a. If confirmed, will you commit to considering vulnerable road 
users (pedestrians, bicyclists, and motorcyclists) in cost-benefit 
analyses to the furthest extent possible in rulemakings, including 
reconsidering its use in the above ANPRM?
    Answer. If confirmed, I would work with agency economists to ensure 
that all appropriate factors are considered as part of any benefit-cost 
analyses.

    Question 5. As an avid Motorcyclist and Co-chair of the motorcycle 
caucus, I am strongly supportive of efforts to improve motorcycle 
safety given the disproportionate injuries and deaths experienced by 
motorcycle riders on our roads each year.

    a. If confirmed, will you commit to working to improve motorcycle 
safety, including by continuing to carry out the Motorcycle Advisory 
Council Act, which was passed in 2021?
    Answer. If confirmed, I commit to working to improve motorcycle 
safety and will follow the law--including the Motorcycle Advisory 
Council Act.

    Question 6. Mr. Morrison, it seems that NHTSA's bumper standards 
under Part 581 are overdue for an update, particularly since they 
restrict the placement of critical ADAS sensors used in Automatic 
Emergency Braking and other modern safety systems. If confirmed, will 
you look into modernize these standards to support new safety 
technologies?
    Answer. If confirmed, I would look to evaluate regulations that may 
pose unnecessary barriers to safety innovation, including Part 581.

    Question 7. Thank you for answering my question on NHTSA's global 
leadership at the hearing. How important do you believe it is for NHTSA 
to prioritize harmonizing with global standards on rulemakings when 
possible?
    Answer. Given the massive and expensive inefficiencies involved in 
developing different vehicles for different markets, harmonization is 
important to achieving cost savings that can make vehicles more 
affordable and quicken fleet turnover into safer and cleaner new 
vehicles. That said, NHTSA must meet the statutory requirements of the 
Motor Vehicle Safety Act and the Administrative Procedure Act in 
promulgating standards, and cannot merely adopt standards from other 
countries for the sake of harmonization. An important part of the 
agency's work is playing a leadership role in the UNECE World Forum for 
Harmonization of Vehicle Regulations to create Global Technical 
Regulations for new technologies. This forum enables the United States 
to help ensure that new technical regulations are consistent with the 
tenets of the Motor Vehicle Safety Act.
    Further, a critical part of the Motor Vehicle Safety Act is a 
requirement that standards be practicable--an important aspect of which 
includes affordability. Ensuring that new Federal Motor Vehicle Safety 
standards are compatible with regulations elsewhere can help minimize 
additional costly design, engineering, and testing efforts.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                           Jonathan Morrison
    Question 1. The Honoring the Abbas Family Legacy to Terminate Drunk 
Driving Act--also known as the HALT Act--is a bipartisan law enacted in 
2021 as part of the Infrastructure Investment and Jobs Act. This 
historic law requires all new vehicles to be equipped with advanced 
anti-drunk driving technology and, according to the Insurance Institute 
for Highway Safety (IIHS), will save more than 10,000 lives a year when 
fully implemented. NHTSA's annual budget request to Congress states 
that implementing standards for advanced drunk and impaired driving 
technology will be an agency priority.

    How will you prioritize dedicating the necessary time and resources 
to complete NHTSA's rulemaking on anti-drunk driving technology? Please 
provide exact details and a proposed timeline.
    Answer. I'm not yet at the agency, so I don't yet have the 
information necessary to develop a detailed plan or timeline. That 
said, as mentioned in your office and during the hearing, getting 
briefed on the state of the DADSS technology and status of research and 
rulemaking progress will be a priority if I am confirmed.

    Question 2. Critics of the HALT Act have cited privacy concerns 
regarding advanced anti-drunk driving technology. However, the 
technology is meant to be a vehicle safety feature that simply prevents 
illegally drunk drivers from operating motor vehicles and putting 
others on the road at risk. It is NOT meant to put a police officer in 
your car or otherwise spy on drivers. Moreover, NHTSA is fully capable 
of building in privacy guardrails and protections in its final rule to 
safeguard consumer privacy. In fact, in its Advanced Notice of Proposed 
Rulemaking, NHTSA acknowledged that consumer privacy is critical toward 
establishing public acceptance of this technology.

    Do you pledge as NHTSA Administrator to protect privacy and 
incorporate strong privacy principles in the final regulation 
implementing the HALT Act?
    Answer. With any Federal Motor Vehicle Safety Standard, the rule 
must be practicable--which means not only technically feasible and 
affordable, but also acceptable to the driving public, since the 
Federal government cannot force Americans to embrace new technologies 
through regulatory mandates. A technology that would threaten to expose 
sensitive information would likely face consumer resistance, and any 
rulemaking in this area should factor in privacy considerations.

    Question 3. NHTSA has a pending Advanced Notice of Proposed 
Rulemaking on side underride guards, with a cost benefit analysis that 
estimates that side underride guards will prevent very few deaths. As a 
result, according to NHTSA, the cost of installing side guards exceeds 
the benefits. Unfortunately, to reach this estimate, NHTSA makes 
assumptions in their cost benefit analysis that excludes whole 
categories of preventable deaths of vulnerable road users such as 
pedestrians, bicyclists, and motorcyclists. As shown in this video 
(https://www.youtube.com/ watch?v=GTRZ1Pj9r7g) side underride guards 
can prevent pedestrians and bicyclists from being crushed underneath, 
causing further injury and death in many circumstances.

    Will you commit to counting pedestrians and bicyclists as 
preventable deaths for vulnerable road users in this cost benefit 
analysis and future rulemakings on side underride guards?
    Answer. If confirmed, I would work with agency economists to ensure 
that all appropriate factors are considered as part of any benefit-cost 
analyses.

    Question 4. The Driver Alcohol Detection System for Safety (DADSS) 
program is coming to an end in September 2025. At that time the 
reference design package will be handed over to the auto industry.

    What will you do as NHTSA Administrator to work with auto industry 
leadership to ensure that this 17-year federal-funded program to 
develop anti-drunk driving tech in collaboration with the auto industry 
will be ready to go in cars and available to consumers as soon as 
possible?
    Answer. As discussed during our meeting and at the hearing, if 
confirmed, I will be briefed on the state of the DADSS program . One of 
the critical aspects of the DADSS program is that the intellectual 
property behind the technology must be made available to automakers and 
suppliers on a royalty-free basis. I believe this technology can have a 
massive safety impact and will encourage its early adoption.

    Question 5. The role of the Department of Transportation is to 
ensure all vehicles, including those equipped with partially or fully 
automated driving systems, are safe for all road users. In 2024, nearly 
70 percent of all vehicles sold in the U.S. had some form of automated 
driving system. Yet the NHTSA has no formal requirements for testing or 
certifying these vehicles. Additionally, NHTSA has recently relaxed its 
reporting requirements for autonomous vehicle (AV) crashes, eliminated 
a significant number of staff specifically focused on AV safety, and 
has drastically reduced the number of enforcement actions since the 
start of this administration. One of the most prevalent issues leading 
to AV crashes is over-trust in the automated system, leading to lack of 
oversight by the human in the loop. Trust in these systems is built on 
the assumption that the government is performing its oversight duties 
to ensure cars and roads are safe for everyone. Yet NHTSA is not only 
failing to enact mandatory standards to address the unique issues that 
arise with AVs, but they are loosening the reigns.

    (a) What do you plan to do to ensure Americans' trust in AVs is not 
misguided? How do you plan to enforce safety mechanisms in autonomous 
vehicles so we can all benefit from the promise of these technologies?
    Answer. Critically important is differentiating between driver 
assistance systems and driving automation systems. Driver assistance 
systems--effectively all the systems available for consumer purchase--
are effectively a sophisticated form of cruise control that require 
driver attention at all times during operation. Automakers are expected 
to have countermeasures in place to address reasonably expected misuse, 
but the person behind the wheel is the driver and responsible for safe 
operation of the vehicle. Consistent communication with automakers and 
drivers on these responsibilities is important to achieving appropriate 
design and operation.
    With driving automation systems, however, the vehicle itself is 
responsible for the driving task, and with very few limited exceptions 
in a handful of highline vehicles, are limited to operator-controlled 
fleets in specific geographical areas. Setting development, testing, 
and performance expectations through guidance and best practices can 
help ensure that developers are acting appropriately. Being transparent 
with the public on what is being tested and the state of the technology 
can foster consumer trust.
    Both driver assistance systems and driving automation systems are 
subject to the requirements of the vehicle safety act--including 
NHTSA's recall authority. If confirmed, I would not hesitate to use the 
full force of NHTSA's enforcement authorities to address bad actors in 
either space. This, too, can help ensure the trust in the American 
public.

    (b) What do you see as the most significant safety challenges that 
are unique to autonomous vehicles?
    Answer. While AVs provide incredible potential safety and mobility 
benefits, they present their own unique risks. First and foremost, 
development of an automated driving system is one of the greatest 
engineering challenges ever attempted. Ensuring that industry 
development and testing appropriately mitigates risk is critically 
important to achieving safe outcomes.
    Automated driving systems involve sophisticated sensor suites and 
powerful computing systems that drive incredibly complicated software 
to fuse and translate sensor data into meaningful depictions of the 
physical world, classify objects and assign potential kinematic actions 
to those objects, and develop motion plans to navigate through roadways 
toward the destination--all constantly changing in real-time. Hardware 
or software insufficiencies or errors in any part of the system can 
lead to adverse safety outcomes. Industry best practices and standards 
for functional safety, safety of the intended functionality, software 
development, public road testing, and safety cases help developers 
track and mitigate risk.

    Question 6. You have agreed to recuse yourself from any matters in 
which Apple is a party for two years. However, because your non-
disclosure agreements prevent you from disclosing your work there, we 
lack the visibility into what those matters might include.

    How can we ensure your recusal is meaningful and effective if we do 
not have the relevant information?
    Answer. During member and staff meetings, and in the resume and 
questionnaire I submitted to the Committee, I described the types of 
activities and general work I performed for Apple, but I am prohibited 
from describing specific technologies. That said, I am subject to 
criminal conflict-of-interest law, and have entered into a robust 
ethics agreement to ensure I do not engage in inappropriate activities. 
If any matter arises that could have implications for Apple, I would 
consult with NHTSA's Designated Ethics Official prior to any engagement 
on the matter.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. John Hickenlooper to 
                           Jonathan Morrison
Autonomous Vehicles
    Despite past Congressional efforts to establish such, there are 
currently no comprehensive Federal statutes or regulations that 
specifically apply to the testing or operational deployment of fully 
autonomous vehicles (AVs). Today, many states-including Colorado-have 
passed their own laws establishing strict requirements for testing and 
deploying autonomous vehicles. AVs can be a transformative technology 
only if targeted and rigorous safety regulations are in place.

    To maintain robust safety standards and promote the adoption in 
AVs, what specific lessons do you believe the Federal government could 
learn from the enacted state laws in effect today?
    Answer. While State laws provide for permitting or registration, 
and sometimes reporting, I am not aware of State regulations that 
create the sort of technical performance requirements and test 
procedures that would be appropriate under the Motor Vehicle Safety 
Act.

    Which examples of AV safety testing or AV deployment from state AV 
laws do you believe are achievable within NHTSA's existing statutory 
authorities, and which do you believe would require new authorization 
from Congress for NHTSA to execute?
    Answer. While State laws provide for permitting or registration, 
and sometimes reporting, I am not aware of State regulations that 
create the sort of technical performance requirements and test 
procedures that would be appropriate under the Motor Vehicle Safety 
Act.
Vehicle Communications Infrastructure
    Vehicle-to-Everything technology, or ``V2X'', has demonstrated 
significant potential to reduce crashes, save lives, and improve 
traffic efficiency. However, the Department of Transportation's 
National Deployment Plan for V2X was recently taken down, creating 
uncertainty about the Federal government's direction on this critical 
safety technology. Meanwhile, state and local governments are making 
considerable investments in V2X infrastructure to improve roadway 
safety and efficiency.

    Are you willing to work with public and private sector stakeholders 
to develop a robust voluntary framework for national V2X deployment?
    Answer. V2X technologies provide great potential safety and 
efficiency benefits for next generation vehicles, other road users, and 
infrastructure. If confirmed, I would work with the Secretary to 
achieve his vision for efficient and effective V2X deployment to 
achieve positive safety outcomes.

    Will you ensure that NHTSA provides coordination to support these 
ongoing investments and maximize the safety and mobility benefits of 
V2X technology?
    Answer. If confirmed, I would work with the Secretary to achieve 
his vision for efficient and effective V2X deployment to achieve 
positive safety outcomes.
Automatic Emergency Braking
    The Infrastructure Investment and Jobs Act (IIJA) required DOT to 
issue a final rule to require Automatic Emergency Braking (AEB) on all 
newly manufactured large trucks by November 2023. DOT estimates this 
technology will save over a hundred lives, prevent thousands of 
injuries, and tens of thousands of crashes involving large trucks 
annually. This critical standard is nearly 2 years overdue.

    What steps will you commit to taking to expedite the completion of 
the final AEB rule? When is your target date to issue the final rule?
    Answer. If confirmed, I will be briefed on the status of this 
rulemaking and any research necessary to provide the foundation 
necessary for rulemaking. I would also ensure that staff continues to 
work on the rulemaking. Without such information, I'm unable to provide 
a target date.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to 

                           Jonathan Morrison
NHTSA Overdue Rules
    Question 1. Since Congress passed the Bipartisan Infrastructure Law 
and allocated more resources to NHTSA four years ago, the agency has 
now more than doubled its pace of rulemaking on critical safety issues. 
We still need to do better, but this represents progress.

    Do you agree that the Bipartisan Infrastructure Law was effective 
in easing NHTSA's rulemaking backlog?
    Answer. I have not worked with the agency since the Bipartisan 
Infrastructure Law was passed, and don't have information that would 
allow me to meaningfully weigh in on this question, but the agency was 
able to complete a number of rulemakings after passage of the law.

    Question 2. Do you support the funding for staff resources and 
capacity for NHTSA in the Bipartisan Infrastructure Law?
    Answer. The resources from the Bipartisan Infrastructure Law 
provided a significant plus up for vehicle and behavioral safety 
research. If confirmed, I will ensure the agency delivers on its 
mission.

    Question 3. Will you commit to maintaining NHTSA's workforce that 
has proven so critical for safety?
    Answer. Since I'm not yet at the agency, I'm not aware of how 
NHTSA's staff is allocated amongst the various divisions, nor how 
workstreams are currently staffed. If confirmed, I would seek to ensure 
that the agency has sufficient staffing to accomplish its mission.
NHTSA Hot Cars
    Question 1. The Bipartisan Infrastructure Law directed NHTSA to 
issue rulemaking on child safety requiring cars to have a rear seat 
detector to help prevent children from dying in overheated vehicles. 
Will you commit to advancing this rule if confirmed?
    Answer. If confirmed, I will be briefed on the status of this 
rulemaking and any research necessary to provide a foundation necessary 
for rulemaking. I would also ensure that staff continues to work on the 
rulemaking.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jerry Moran to 
                              Paul Roberti
    Question 1. Next to agriculture, the aviation industry is central 
to the Kansas economy.
    As the Aviation Subcommittee Chair, I've seen how FAA's information 
sharing systems have proven to be successful at encouraging 
collaboration between stakeholders. I've worked with the Commerce 
Committee to establish a similar mechanism at PHMSA to accelerate 
pipeline monitoring and raise safety standards.
    How does voluntary information sharing among natural gas 
infrastructure operators enhance safety, security, efficiency, and 
regulatory compliance?
    Answer. When operators see broader trends beyond their own 
networks, they can act more quickly on indicators of failure and 
collaborate to address shared vulnerabilities. Shared data can be 
analyzed to identify high-risk assets or regions, benchmark performance 
against peers, identify best practices, and develop new technologies. 
If properly implemented with the information protections needed to 
ensure operator participation, a successful Voluntary Information-
Sharing program could serve as a trusted repository of high-volume, 
high-quality data and information that would advance pipeline safety 
and could lead to opportunities for reducing accidents and incidents, 
enhance safety management systems, and determine gaps in pipeline 
information to drive continuous improvement.

    Question 2. Integral to the mission of the agency you are nominated 
to lead is coordination with other Federal departments and agencies and 
with states, localities, and industry stakeholders to deliver safe and 
efficient transportation networks.
    How will you leverage relationships with state departments of 
transportation, metropolitan planning organizations, local governments, 
and other partners to navigate diverse transportation safety needs 
while upholding a uniform standard of safety throughout the country?
    Answer. As a former state Public Utility Commissioner in Rhode 
Island, I know first-hand how important Federal, state, and local 
government cooperation is to enhance safety and ensure resources are 
being leveraged appropriately to protect the traveling public. As 
Administrator, I will continue to leverage the partnerships PHMSA has 
developed with these important stakeholders to ensure the safe movement 
of hazardous materials and energy products in all states and 
localities.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Ted Budd to 
                              Paul Roberti
    Question 1. As we think about the lessons learned post-COVID about 
the importance of just in time deliveries, I am excited about the 
prospect of package delivery by drones. Drone deliveries bring a lot of 
advantages because they can travel as the crow flies and enable 
deliveries in less than 30 minutes. However, there are items that 
consumers seek to have delivered--like hand sanitizer, nail polish or 
small lithium ion batteries--are classified as hazardous materials 
creating issues delivering these items via drone. These small 
commercial items classified as hazardous materials are regularly 
carried onto airplanes in purses, backpacks and carry-on luggage, but 
PHMSA regulations create significant issues when these same items are 
delivered by drone. Section 933 of the FAA Reauthorization Act of 2024 
required PHMSA to develop a risk-based approach to allow drones to 
deliver certain small commercial items classified as hazardous 
materials by drone by November 12, 2024. While some progress has been 
made, PHMSA has not yet established such a risk-based approval process 
that can enable common small commercial items to be delivered by drone.
    Mr. Roberti, if confirmed, would you ensure that PHMSA meets the 
obligation under the FAA Reauthorization Act to establish a risk-based 
approach for small commercial items classified as hazardous materials 
required by Section 933 of the FAA Reauthorization Act of 2024?
    Answer. Yes. On August 22, 2024, PHMSA and the FAA hosted a public 
meeting to solicit comments from stakeholders on ideas for establishing 
a risk-based approach for small commercial items classified as 
hazardous materials as required by Section 933 of the FAA 
Reauthorization Act of 2024. If confirmed, I am committed to taking the 
next steps to follow the law and implement this Congressional mandate.

    Question 2. I have concerns that over the past few years, PHMSA 
(pronounced FIM-zuh) has moved away from pipeline safety toward climate 
activism and environmental regulation. Pipelines are essential to 
American energy security, and if we do not have the necessary 
infrastructure to deliver oil and natural gas from producers to the end 
user, our energy security is at risk. Do you agree it is critical to 
maintain PHMSA's focus on safety regulation rather than environmental 
activism?
    Answer. Yes. If confirmed, safety will be my top priority as 
Administrator.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                              Paul Roberti
Federal Workforce Staffing Cuts
    In May, the Department of Transportation paused its planned 
reductions in force due to ongoing litigation. On July 8, the Supreme 
Court allowed the Administration to move forward with widespread 
firings. There is now uncertainty about what actions DOT plans to take. 
Meanwhile, 13.1 percent of Pipeline and Hazardous Materials Safety 
Administration (PHMSA) employees have already left the agency through 
the deferred resignation program.

    Question 1. Yes or No: Do you oppose a reduction-in-force at PHMSA, 
particularly when the agency has already lost over 13 percent of its 
workforce?
    Answer. I am not currently at the agency or informed about its 
workforce needs, but, if confirmed, I will advocate for PHMSA to have 
the resources it needs to fulfill its critical safety mission.

    Question 2. Are you concerned that widespread departures may be 
contributing to the decline in enforcement actions?
    Answer. I understand the agency announced changes to its 
enforcement process in May and has brought numerous enforcement actions 
since then. A strong enforcement program will be a priority for me if 
confirmed.
Compliance with PHMSA Rulemaking Transparency Requirements
    Congress required PHMSA to provide monthly updates on its progress 
in implementing congressionally mandated pipeline safety requirements. 
This is critical information needed to hold an agency accountable for 
completing Congressional mandates, some of which data back to 2011. 
However, we have not received a status update since January 2025.

    Question 1. During your tenure at PHMSA the agency provided timely 
updates on the implementation of Federal law. Yes or No: Do you believe 
it is acceptable that current agency leadership has failed to keep 
Congress informed?
    Answer. I am not currently at the agency, but, if confirmed, I will 
prioritize receiving an update on the status of these reports.

    Question 2. If confirmed, will you commit to providing the monthly 
updates that Congress requires?
    Answer. If confirmed, I am committed to following the law.
Continuing Pipeline Safety Trust Funding
    The Pipeline Safety Trust was created in the aftermath of the 
Olympic Pipeline explosion that killed three kids in Bellingham, 
Washington. The trust works to ensure that other families in 
communities around the country do not have to face similar tragedies.

    Question 1. The Trust currently receives grant funding to ensure 
communities understand the unique risks that pipelines pose to them so 
that they can adequately prepare. Do you think this kind of public 
education is important?
    Answer. Congress created the Technical Assistance Grant program to 
provide funding to educate the public. If confirmed, I will follow the 
law.

    Question 2. Do you support continuing the Pipeline Safety Trust's 
educational efforts?
    Answer. I am not currently at the agency or familiar with the 
details of the Pipeline Safety Trust's recent educational efforts, but 
I look forward to getting up to speed on all PHMSA grant programs if 
confirmed.
Safer Rail Tank Cars
    The National Transportation Safety Board has repeatedly found that 
DOT-111 tank cars do not perform well in derailments. The Board has 
recommended that these tank cars be phased out for the transportation 
of all hazardous materials and replaced with stronger DOT-117 tank 
cars, which have a much better track record of preventing spills during 
derailments.

    Question 1. Do you agree that we should phase out DOT-111 tank cars 
for the transportation of all hazardous materials?
    Answer. Congress mandated that DOT-111 tank cars be phased out by 
2029 as part of the FAST Act. If confirmed, I am committed to following 
the law.
Improving Emergency Response Preparedness and Training
    Just this month in Glendora, Mississippi, 12 fire departments and 
50 fire trucks fought a fire caused by a train derailment for over 12 
hours. The fire was not extinguished until Canadian National Railroad 
was able to bring specialized firefighting foam to the scene.

    Question 1. Do you believe we should reform PHMSA's existing 
hazardous materials emergency response grant programs to ensure that 
firefighters--like those in Glendora and East Palestine--can obtain the 
training and equipment they need to respond more effectively to 
hazardous materials incidents?
    Answer. PHMSA's Hazardous Materials Emergency Preparedness grants 
support important work. If confirmed, I am committed to working with 
the emergency response community to identify and implement changes that 
could make the program more effective.

    Question 2. What more can we do to ensure that railroads are 
providing first responders with the information they need to adequately 
prepare for these kinds of emergencies?
    Answer. If confirmed, I will prioritize ensuring effective 
implementation of PHMSA's recent regulation requiring railroads to 
maintain real-time train consist information and provide that 
information to first responders if an incident occurs. I will also work 
with the emergency response community to solicit additional thoughts 
about what they need to prepare for these emergencies.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                              Paul Roberti
Enforcement
    Question 1. Pipeline enforcement cases have fallen by more than 
two-thirds so far this Administration. Do you commit to reversing this 
trend and ensuring that enforcement actions continue?
    Answer. I understand the agency announced changes to its 
enforcement process in May and has brought forth numerous enforcement 
actions since then. A strong enforcement program will be a priority for 
me if confirmed.

    Question 2. How do you plan to ensure that pipeline operators are 
held accountable for regulatory violations?
    Answer. PHMSA implements a comprehensive oversight program that 
involves rigorous inspections, robust enforcement, and the issuance of 
pipeline safety policies and regulations. As Chief Counsel, I oversaw 
cases with record setting civil penalties for the agency and 
prioritized swift resolution of enforcement actions. If confirmed, I 
will bring that same commitment to my role as Administrator.
Staffing Cuts
    PHMSA has always struggled with insufficient staffing to carry out 
its mandates on pipeline safety. To make matters worse, in recent 
months, 20 percent of the agency's staff has departed. For example, the 
Community Liaisons--which were already understaffed with only a dozen 
FTEs covering the entire nation--are reportedly down to a team of three 
people.

    Question 1. Do you believe reductions in staffing can affect 
safety, inspections, and community outreach?
    Answer. I am not currently at the agency and am not aware of any 
recent staffing changes that would negatively impact PHMSA's ability to 
successfully advance its safety mission.

    Question 2. What specific steps will you take to rebuild PHMSA's 
workforce?
    Answer. I am not currently at the agency or informed about its 
workforce needs, but, if confirmed, I will advocate for PHMSA to have 
the resources it needs to fulfill its critical safety mission.

    Question 3. Do you believe community outreach is an important 
component of PHMSA's work?
    Answer. Yes.

    Question 4. Will you commit to fully staff the Public Engagement 
Division
    Answer. I am not currently at the agency or informed about its 
workforce needs, but, if confirmed, I will advocate for PHMSA to have 
the resources it needs to fulfill its critical safety mission.
Liquid Natural Gas
    PHMSA's existing liquefied natural gas (LNG) safety regulations are 
out of date; they have not been substantially updated in more than two 
decades and come from an era before the rapid proliferation of massive 
U.S. LNG export terminals. This regulatory gap is especially concerning 
given the flammable and explosive nature of LNG and the proximity of 
many facilities to communities. After two Congressional mandates in 
2016 and 2020 to update LNG safety regulations, PHMSA recently 
published an advanced notice of proposed rulemaking on the topic.

    Question 1. How do you plan to seek input from community members 
near LNG facilities? Please include how you will ensure physical and 
virtual accessibility, as well as transparency for community members.
    Answer. I am not currently at the agency or informed about its 
plans for seeking input from community members on its open rulemaking 
proceedings.
Draft Carbon Dioxide Rule
    Last Congress, I introduced a bill to improve pipeline 
accountability, safety, and environmental standards. Amongst multiple 
other priorities, my bill would finalize regulations on carbon dioxide 
pipelines to avoid future disasters like the one that devastated 
Satartia, Mississippi.

    Question 1. Will you commit to finalizing the draft carbon dioxide 
pipeline rule, which PHMSA proposed in January of this year?
    Answer. A draft rule was withdrawn from the Federal Register in 
January and is currently under review. I am not currently at the agency 
or familiar with the status of that review.

    Question 2. If yes, by when would you ensure the rule is finalized?
    Answer. The agency has multiple open rulemaking actions in 
progress. If confirmed, I will prioritize getting up to speed on the 
expected timeline for all agency rulemakings.

    Question 3. If not, please explain why you do not support a rule to 
improve safety on this technology, particularly as it expands 
throughout the country.
    Answer. Congress mandated that PHMSA complete a gaseous carbon 
dioxide pipeline safety rulemaking. If confirmed, I am committed to 
implementing congressional mandates.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                              Paul Roberti
    Question 1. Mr. Roberti, in your written testimony you mention 
``constant vigilance'' as a key to ensuring pipeline safety. I 
wholeheartedly agree. However, ``constant vigilance'' isn't possible 
without proper staffing.
    PHMSA is a relatively small agency that has faced hiring and 
retention challenges for several years. That's why the PIPES Act of 
2020--which was signed into law by President Trump--included a mandate 
for PHMSA to hire 20 percent more pipeline inspectors in the succeeding 
three years.
    Unfortunately, since the creation of DOGE, PHMSA employees have 
been encouraged to leave the agency, and many have. Some estimates 
suggest as much as 20 percent of the agency has left just in the first 
few months of this Administration.
    PHMSA is not an agency I want to have spread thin. The stakes are 
just too high.
    So, Mr. Roberti, can you speak to the importance of proper staffing 
levels at PHMSA to ensuring pipeline safety? As Administrator, will you 
work to ensure that PHMSA is properly staffed and, specifically, that 
the staffing levels outlined in the 2020 PIPES Act are met?
    Answer. I am not currently at the agency or informed about its 
workforce needs, but, if confirmed, I will advocate for PHMSA to have 
the resources it needs to fulfill its critical safety mission.

    Question 2. Currently, state utility commissions and state pipeline 
inspectors oversee about 85 percent of the Nation's pipeline 
infrastructure. This federal/state partnership is critical, as our 
state inspectors are intimately familiar with local pipeline operations 
and their work can lead to more thorough and more frequent inspections 
than what PHMSA alone could provide. Recognizing the important role our 
states play in ensuring pipeline safety, in 2024, Congress boosted 
funding for state pipeline inspection programs to the tune of roughly 
30 percent.
    Mr. Roberti, do you support continuing to fund state pipeline 
inspection programs at the levels envisioned by Congress--at up to 80 
percent of their costs--so that states have the tools to oversee 
pipeline safety and environmental protection?
    Answer. States are critical partners for the agency. If confirmed, 
I will advocate for PHMSA to have the resources it needs to fulfill its 
critical safety mission.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                              Paul Roberti
    Question 1. PHMSA has been tasked with drafting leak detection and 
repair standards for gas pipelines by Congress and signed by President 
Trump in 2020. PHMSA drafted a final rule that received broad support 
last year, but was withdrawn.
    What timeline will you commit to ensuring PHMSA complies with this 
legislative mandate and what are your views on the withdrawn rule?
    Answer. A draft rule was withdrawn from the Federal Register in 
January and is under review. I am not currently at the agency or 
familiar with the status of that review.

    Question 2. PHMSA has had an unprecedented drop in enforcement over 
the past few months.
    What are your plans to ensure that pipeline operators are held 
accountable for regulatory violations?
    Answer. PHMSA implements a comprehensive oversight program that 
involves rigorous inspections, robust enforcement, and the issuance of 
pipeline safety policies and regulations. As Chief Counsel, I oversaw 
cases with record setting civil penalties for the agency and 
prioritized swift resolution of enforcement actions. If confirmed, I 
will bring that same commitment to my role as Administrator.

    Question 3. Most of PHMSA's leadership team has left the agency in 
recent months. Other departments have been hit especially hard with 
retirements as well. For example, the Community Liaisons have 
apparently gone from 13 to 3.

    (a) Do you believe the reduced staffing and leadership levels at 
PHMSA will impact safety?
    Answer. During my time as Chief Counsel, I worked with many of the 
PHMSA leaders currently serving in an acting capacity at the agency and 
I am confident its safety mission is in good hands.

    (b) If so, what specific steps will you take to rebuild PHMSA's 
institutional knowledge and leadership capacity?
    Answer. I am not currently at the agency or informed about its 
workforce needs, but, if confirmed, I will advocate for PHMSA to have 
the resources it needs to fulfill its critical safety mission.

    (c) How will you ensure communities have adequate access to 
pipeline safety information and emergency response coordination?
    Answer. PHMSA administers multiple programs that support community 
access to pipeline safety information as well as emergency response 
coordination. If confirmed, I look forward to supporting that work.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to 

                              Paul Roberti
PHMSA and Train Derailments
    Question 1. There has been some discussion about renewing a 
proposal from the first Trump Administration that would allow for the 
transport of Liquified Natural Gas by tanker rail cars without any 
restrictions on train routes, nor the number of tanker cars allowed on 
a particular train. The National Transportation Safety Board and the 
National Association of State Fire Marshall have previously objected to 
this proposal.
    As the nominee for PHMSA Administrator, can you share your thoughts 
on renewing this proposal? And will you be pursing this proposal?
    Answer. In June, PHMSA updated its Hazardous Materials Regulations 
to restore them to the version that existed prior to the effective date 
of the LNG by Rail Rule (August 24, 2020) that was overturned by the DC 
Circuit Court of Appeals earlier this year. I am not aware of any plans 
to revisit that rulemaking.

    Question 2. Safety concerns have only increased following recent 
tanker rail car derailments, including one last month in Bear, 
Delaware, carrying crude oil--thankfully, no one was hurt.
    Can you discuss the vulnerabilities of switching to tanker rail 
cars as opposed to approved UN portable tanks that PHMSA has 
historically required?
    Answer. PHMSA regulations have long allowed both rail tank cars and 
UN portable tanks as safe, approved packages for transportation of 
crude oil. Under PHMSA regulations, the shipper of hazardous materials 
identifies which is appropriate for their needs.
PHMSA and Technology
    Question 1. As you know, pipelines require continuous monitoring 
and inspections to protect public safety and prevent pipeline system 
failures and leaks.
    As Administrator, how will you incorporate technology innovation 
into pipeline management?
    Answer. PHMSA's research and development program has invested 
millions of dollars in support of new technologies to improve pipeline 
safety. These investments have led to many patent applications and new 
technologies entering the market. As Administrator, I will ensure the 
continued effectiveness of PHMSA's research and development program, 
advance new and updated regulations that encourage innovation and 
account for technological advancements, and encourage pipeline 
operators to continue making their own investments in technology to 
improve performance.

                              [all]