[Senate Hearing 117-717]
[From the U.S. Government Publishing Office]
S. Hrg. 117-717
NOMINATIONS TO THE
NATIONAL TRANSPORTATION SAFETY BOARD,
SURFACE TRANSPORTATION BOARD,
AND U.S. DEPARTMENT OF TRANSPORTATION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JUNE 24, 2021
__________
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
53-123 PDF WASHINGTON : 2023
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West
RAPHAEL WARNOCK, Georgia Virginia
RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
David Strickland, Staff Director
Melissa Porter, Deputy Staff Director
George Greenwell, Policy Coordinator and Security Manager
John Keast, Republican Staff Director
Crystal Tully, Republican Deputy Staff Director
Steven Wall, General Counsel
C O N T E N T S
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Page
Hearing held on June 24, 2021.................................... 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Wicker...................................... 3
Statement of Senator Blumenthal.................................. 30
Statement of Senator Peters...................................... 73
Statement of Senator Fischer..................................... 75
Statement of Senator Klobuchar................................... 77
Statement of Senator Sullivan.................................... 79
Statement of Senator Rosen....................................... 81
Witnesses
Hon. Jennifer L. Homendy, Nominee to be Chair, National
Transportation Safety Board.................................... 4
Prepared statement........................................... 6
Biographical information......................................... 7
Karen J. Hedlund, Nominee to be a Member, Surface Transportation
Board.......................................................... 16
Prepared statement........................................... 18
Biographical information......................................... 19
Dr. Robert C. Hampshire, Nominee to be Assistant Secretary for
Research and Technology, U.S. Department of Transportation..... 30
Prepared statement........................................... 32
Biographical information......................................... 33
Carol A. Petsonk, Nominee to be Assistant Secretary for Aviation
and International Affairs, U.S. Department of Transportation... 48
Prepared statement........................................... 49
Biographical information......................................... 50
Appendix
Response to written questions submitted to Hon. Jennifer L.
Homendy by:
Hon. Maria Cantwell.......................................... 85
Hon. Amy Klobuchar........................................... 86
Hon. Roger Wicker............................................ 86
Hon. John Thune.............................................. 89
Hon. Shelley Moore Capito.................................... 89
Response to written questions submitted to Karen J. Hedlund by:
Hon. Maria Cantwell.......................................... 90
Hon. Roger Wicker............................................ 90
Hon. Dan Sullivan............................................ 91
Hon. Mike Lee................................................ 91
Hon. Shelley Moore Capito.................................... 94
Hon. Cynthia Lummis.......................................... 95
Response to written questions submitted to Dr. Robert C.
Hampshire by:
Hon. Maria Cantwell.......................................... 96
Hon. Roger Wicker............................................ 97
Hon. Shelley Moore Capito.................................... 98
Response to written questions submitted to Carol A. Petsonk by:
Hon. Roger Wicker............................................ 98
Hon. John Thune.............................................. 100
Hon. Dan Sullivan............................................ 101
Hon. Mike Lee................................................ 101
Hon. Shelley Moore Capito.................................... 104
Hon. Cynthia Lummis.......................................... 104
NOMINATIONS TO THE
NATIONAL TRANSPORTATION SAFETY BOARD,
SURFACE TRANSPORTATION BOARD,
AND U.S. DEPARTMENT OF TRANSPORTATION
----------
THURSDAY, JUNE 24, 2021
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m., in
room SR-253, Russell Senate Office Building, Hon. Maria
Cantwell, Chairwoman of the Committee, presiding.
Present: Senators Cantwell [presiding], Klobuchar,
Blumenthal, Peters, Sinema, Rosen, Warnock, Wicker, Thune,
Fischer, Sullivan, Young, Johnson, and Scott.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chairwoman. The Committee on Science--Commerce,
Science, and Transportation will come to order. We want to
thank our nominees for being here today. We are going to
consider the nomination of four very qualified individuals.
Last week the Committee voted on and passed, the Surface
Transportation Investment Act, which Ranking Member Wicker and
I introduced. This important bipartisan legislation makes a $70
billion down payment on rebuilding and revamping our Nation's
critical infrastructure, a key to our economic future and
creating jobs. Together, this committee succeeded in passing
legislation that makes infrastructure investment that we need
to be competitive in a global marketplace, and some of the
nominees that we are going to hear from today are going to help
confirm that role.
I pointed out that today, the front page at the Seattle
Times is ``Bounty of Containers Stress Our Ports''. So, we have
been saying that this is one of the reasons why we need an
infrastructure bill, because this level of increase in freight
throughout, really the United States--my colleagues are
probably seeing other things, but this report says the handling
of 330,000 shipping containers has grown 38 percent compared to
May 2020. So, these are--these are problems that we hope to
address, and I look forward to hearing form our nominees about
that.
First, the consideration of Jennifer Homendy, the Chair of
the National Transportation Safety Board. Welcome to you and to
your husband and your daughter, Lexi, who I understand are here
today. I know Senator Blumenthal is going to give a longer
introduction, but I would like to say a few words.
You first served as a member of the NTSB, since August 2018
and you will bring 25 years of experience in transportation
safety to this chairmanship. Before joining the NTSB, you
served as Staff Director for the House Subcommittee on Rails,
Pipelines, and Hazardous Materials of the Committee on
Transportation and Infrastructure and held various other
positions. So, we appreciate your leadership.
Obviously, the concerns of this committee on aerospace and
aerospace safety remain paramount. This is an issue, like in
all areas of automation and human response, whether we are
talking about the rail sector or the automobile sector or the
aviation sector. We believe we need to give specific focus to
this and so I look forward to hearing how you hope to use the
NTSB to work with us on the legislation that we most recently
passed, which called for safety trend reports to make sure that
the most urgent safety needs are constantly being addressed.
Next, we will consider the nomination of Karen Hedlund,
member of the Surface Transportation Board. Welcome to you and
to your son, Alex, who is here today, and your other son who is
watching remotely. You spent a career advising Federal, State,
and local governments on the development and financing of
infrastructure projects across the United States, including
rail, transit, highways, airports, water, and energy
facilities. And you have served on the Federal Highway
Commission as Chief Council and then, at the Federal Railroad
Administration as Chief Counsel and Deputy Administrator. So,
we appreciate your leadership.
As a member of the Surface Transportation Board, you will
be able to bring considerable experience to resolve disputes on
the various infrastructure issues related to the Surface
Transportation Bill.
Next, we will consider the nomination of Robert Hampshire
to be the Assistant Secretary of Research and Technology at the
Department of Transportation. Welcome to you and to your wife,
Alexandra, who I understand is joining you today. Mr. Hampshire
currently serves as the Principal Deputy Assistant Secretary
for Research and Technology Policy at the Department of
Transportation.
Before joining the Department, Dr. Hampshire was an
associate professor at the Gerald R. Ford School of Public
Policy at the University of Michigan. His research applies
operation research and data science to analyze novel
transportation systems, which will focus on environmental
impacts and access to opportunities.
You will also be the first chief scientist for the
Department of Transportation in 40 years. So, we will look
forward to that, a science-based approach leading the
department's research and development on technology programs
will be very much needed and very important. The department's
research efforts are key to advancing innovation and technology
developments across the transportation sector and helping
develop a skilled interdisciplinary transportation workforce
for the Nation. So, I look forward to hearing from you.
And finally, the nomination of Carol Annie Petsonk--is that
right, Petsonk? Am I saying it the right way? To be Assistant
Secretary for Aviation and International Affairs at the
Department of Transportation. We welcome you, your husband
John, and your son Nico. Ms. Petsonk currently serves as the
Principal Deputy Assistant Secretary for Aviation and
International Affairs at the Department of Transportation. She
has over three decades of experience in international
negotiations on aviation, trade, and environment. Her
experience brings a significant public and nonprofit sector
experience, having served at the Department of Justice, the
Office of U.S. Trade Representatives, for more than 25 years.
So, these are critical issues. As we all know, building and
reengaging our global partners on international cooperation for
aviation safety standards that protect all of the flying public
is also a big priority for our committee.
So, again, thank you to all of you for your willingness to
serve and the things you have already been doing, but your
willingness to step forward in these new roles.
Now, I will turn to the Ranking Member, Senator Wicker, for
his statement.
STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. I thank my good friend, the Chair of the
Committee for convening this hearing to consider the
nominations of Ms. Jennifer Homendy to be Chairman of the
National Transportation Safety Board, Ms. Karen Hedlund to be a
Member of the Surface Transportation Board, Dr. Robert
Hampshire to be Assistant Secretary for Research and Technology
at the U.S. Department of Transportation, and Ms. Annie Petsonk
to be Assistant Secretary for Aviation and International
Affairs at the U.S. Department of Transportation. These are
important positions within the Committee's jurisdiction.
I want to thank Ms. Homendy, welcome her back to the
Committee, thank her for her service as a member of the NTSB,
where she has served since August 2018. She has been actively
involved in the NTSB's critical work investigating the causes
of accidents in our transportation system. You have got some
more work to do as of yesterday, Ms. Homendy, and making
recommendations for safety improvements.
I am hoping that her experience will fill a crucial
leadership role at the NTSB when Chairman Robert Sumwalt
retires at the end of June. I want to thank Chairman Sumwalt
for his 15 years of service at the NTSB, with the last 4 years
serving as Chair.
Karen Hedlund has been nominated to serve as a Member of
the Surface Transportation Board, which provides principal
oversight of the Nation's freight rail system. Ms. Hedlund
brings a wealth of experience as a former Chief Counsel and
Deputy Administrator at the Federal Railroad Administration, as
well as extensive experience in other government and private-
sector roles, making her a strong candidate for this position
at the Surface Transportation Board. The STB is currently
considering a number of consequential issues, including
Amtrak's Gulf Coast Rail Access petition, and Ms. Hedlund's
knowledge and expertise on rail matters are valuable
credentials for these and other matters coming before the STB.
I also want to thank STB member and former Chair Ann
Begeman for her service, as her term comes to an end. She has
served with distinction on the STB for over a decade.
Dr. Robert Hampshire is the President's nominee to be
Assistant Secretary for Research and Technology at the U.S.
Department of Transportation. The person filling this position
will work across all modes of the department to facilitate
information sharing and policy development with respect to new
and emerging technologies, transportation data, and research.
Dr. Hampshire has a commendable academic and professional
record, but I am deeply concerned by his failure to file
Federal, State, and local tax returns in a timely manner for
four years in a row, finally filing them several years late for
some tax years. Dr. Hampshire has been nominated to a position
of trust and responsibility in the U.S. Government. Filing tax
returns when due and paying taxes when owed is one of the most
basic legal and civic duties in our democracy.
And then, Ms. Annie Petsonk has been nominated to serve as
Assistant Secretary for Aviation and International Affairs.
Among the numerous duties of this position, the most important
one to my constituents is developing policies to improve access
for small and rural communities to the broader commercial
aviation system, an issue that is near and dear to my heart.
Ms. Petsonk has worked on aviation issues throughout her
career, and I look forward to hearing from her today about her
plans and goals, should she be confirmed to this position.
So, thank you, Madam Chair, and thank all the nominees, all
of the nominees, for their willingness to serve and for their
appearance before the Committee.
The Chairwoman. Thank you, Senator Wicker. We will start
now with Ms. Homendy. Thank you so much for being here and we
look forward to your statement.
STATEMENT OF HON. JENNIFER L. HOMENDY, NOMINEE TO BE CHAIR,
NATIONAL TRANSPORTATION SAFETY BOARD
Hon. Homendy. Thank you. Chair Cantwell, Ranking Member
Wicker, and members and staff of the Committee, I am extremely
grateful and deeply honored to appear before you today, as
President Biden's nominee to serve as Chair of the National
Transportation Safety Board.
Before I begin, I would like to introduce my husband, Mike,
and my daughter, Lexi, and thank them for all their
encouragement and support. And I would also like to recognize
my parents, Sante and Nancy, my brother Bryan and Katerina, my
sister Erin, and numerous friends and family, who are watching
online.
The Chairwoman. Could I ask you to hold for 1 second?
Hon. Homendy. Sure.
The Chairwoman. So, I wanted to give--our colleague,
Senator Blumenthal, wanted to say some words of support and I
think he is remote.
Senator Wicker. Quite remote.
[Laughter.]
The Chairwoman. OK. Well, when he show--we will give him
the chance whenever he appears. Thank you so much, keep going.
Hon. Homendy. Thank you. As many of you know, I have served
as a member of the NTSB since August 2018, but my passion for
improving safety and for supporting the critical safety mission
of the NTSB spans nearly two decades. Prior to joining the
Board, I served as Democratic Staff Director of the
Subcommittee on Railroads, Pipelines, and Hazardous Materials
for more than 14 years. During that time, I worked closely with
the NTSB and many of you and your staff to implement our safety
recommendations.
Throughout my tenure on the Board, my passion for safety,
for our mission, for our duty to identify opportunities to
improve safety and save lives, and for families who have lost
loved ones in preventable tragedies, has grown tremendously.
The NTSB has an extraordinary workforce supporting that
mission. I have been on-scene at accidents in many of the
states of the Senators who are represented on this committee--
Connecticut, Massachusetts, Hawaii, and Alaska. And I have seen
firsthand how hard our investigators work to determine how a
crash occurred and what safety measures, if implemented, would
prevent it from happening again.
I have worked on-scene with our incredible transportation
disaster assistance team who provide support to families and
victims following tragedies. And I have worked extensively with
our safety recommendations and communications team, to share
lessons we have learned from our investigations and advocate
for the implementation of our safety recommendations.
And I am proud to work with many, many others at the NTSB
who work tirelessly to support our Agency's safety mission.
Their hard work, professionalism, and dedication is why the
NTSB is so highly regarded as the world's foremost safety
agency. I am honored to represent them as a Board member, and I
want to thank each of them for all that they do.
If confirmed, I recognize how fortunate I will be to lead
this agency going forward. Like other Federal agencies, we have
challenges. In the short-term, we have to determine how best to
safely bring back our workforce from maximum telework due to
COVID. To me, our workforce is our most valuable asset, so we
have to be mindful of their needs and thoughtful about our
approach to safely bringing them back to the workplace.
Many employees will have unique challenges because of the
way COVID has impacted their lives. And we need to recognize,
and work to help address those challenges as best we can.
In the long-term, we need to begin the process for
succession planning. About 30 percent of our workforce is
retirement eligible. We are initiating a Workforce Needs
Assessment to evaluate our existing workload and determine what
skill sets we will need five or 10 years down the road, to
create a diverse and inclusive workforce for the future.
We also need to continue moving forward with our efforts to
reduce the length of time it takes to complete our
investigations, without compromising the integrity of our
investigative process and the quality of our investigative
products.
Additionally, I believe the Chair is in a unique position
to actively work with our safety partners, including DOT, to
implement our safety recommendations that would prevent
tragedies and injuries and save lives. If confirmed, I look
forward to working with my fellow Board members and NTSB staff
on all these endeavors.
Finally, I want to take a moment to thank you and your
incredible staff, many of whom I am proud to call my friends.
The NTSB and this committee have partnered over the years to
address many safety gaps identified through our investigations.
It has been such a privilege to be a part of that partnership,
and I look forward to continuing its growth, should I be
confirmed as Chair.
Thank you, again, for this opportunity. I look forward to
answering your questions.
[The prepared statement and biographical information of
Hon. Homendy follow:]
Prepared Statement of Hon. Jennifer L. Homendy, Nominee to be Chair,
National Transportation Safety Board
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, thank you for the opportunity to appear before you today as
President Biden's nominee to serve as Chair of the National
Transportation Safety Board (NTSB).
Before I begin, I'd like to introduce my husband, Mike, and my
daughter, Lexi, and thank them for their constant encouragement,
guidance, and support. I would also like to recognize my parents, Sante
and Nancy, my sister and brother-in-law, Erin and Richard, my brother
and sister-in-law, Bryan and Katerina, and numerous friends and family,
who are watching this hearing online.
I also want to thank my team--my senior advisor, Erik Strickland,
and my confidential assistant, Stephen Stadius, as well as Joseph
Schmoll who is here today and serves as the NTSB's Government and
Industry Affairs Representative--my colleagues on the Board, Chairman
Sumwalt, Vice Chairman Landsberg, Member Graham, and Member Chapman,
and all the NTSB staff for their continued dedication to safety.
Finally, I want to thank each of you and your incredible staff,
many of whom I'm proud to call my friends. The NTSB and this Committee
have partnered over the years to address safety gaps identified through
our investigations. It has been a privilege to be a part of that
partnership and I look forward to continuing its growth, should I be
confirmed as Chair.
As many of you know, I have served as a Member of the NTSB since
August 2018, but my passion for improving safety and for supporting the
critical safety mission of the NTSB spans nearly two decades. Prior to
joining the Board, from 2004 to 2018, I served as Democratic Staff
Director of the Subcommittee on Railroads, Pipelines, and Hazardous
Materials for the Committee on Transportation and Infrastructure, U.S.
House of Representatives. During that time, I worked closely with the
NTSB and many of you and your staff to implement longstanding safety
recommendations through legislation.
During my tenure on the Board, my passion for safety, for families
who have lost loved ones in preventable tragedies, for our mission, for
our duty to identify opportunities to improve safety for all Americans
and save lives, and for our incredible workforce has grown
tremendously.
I have been on-scene at accidents in many of your states- Alaska,
Hawaii, Connecticut, to name a few. I have seen first-hand how hard our
investigators work to determine how a crash occurred and the safety
measures which, if implemented, would prevent a similar crash from re-
occurring. I have worked with our transportation disaster assistance
team who provide support to victims and their families following
tragedies. I have worked with our safety recommendations and
communications team as we share the lessons learned from our
investigations and advocate for the implementation of our safety
recommendations, as well as hundreds of others at the NTSB who work
tirelessly to support our agency's safety mission.
Their hard work, professionalism, and dedication is why the NTSB is
so highly regarded as the world's preeminent safety agency. I am so
proud to represent them as a Board Member, and I want to thank each of
them for all that they do. If confirmed, I recognize how fortunate I
will be to lead this agency going forward.
Like other Federal agencies, COVID-19 presented challenges to our
workforce and in carrying out our mission, but within a matter of days,
we transitioned seamlessly to maximum telework. Shortly after the start
of the pandemic, we put together a COVID Reintegration Team and
implemented a comprehensive risk assessment to help guide our on-scene
investigative work, with the ultimate goal of prioritizing the safety
and health of our employees. Even with the challenges presented by the
pandemic, our agency did not miss a beat. Our investigative staff
across all the modal offices completed 1,556 investigations, decreasing
our backlog by 27 percent.
Following guidance from the Office of Management and Budget, our
COVID Reintegration Team is working to determine how best to safely
bring back our workforce. Many of our employees have children or other
loved ones who are at home with no school, summer camps, or other care
options available to them. Many others care for loved ones who have
health conditions that make them vulnerable to complications if exposed
to COVID. Some of our workers have health conditions which put them
into high-risk categories while others, including their children, have
not been vaccinated. We need to be mindful of this and will be
thoughtful about our approach to bringing our employees back to the
workplace. Our ``new normal'' won't look like our old normal. However,
I am confident that we will continue to carry-out our safety mission
efficiently and effectively.
In the long-term, we need to begin the process for succession
planning. About 30 percent of our workforce is retirement eligible.
Technology is constantly evolving and being integrated into our
transportation system. For these reasons, we are initiating a workforce
needs assessment to evaluate our existing workload and identify our
immediate gaps and future needs in resources. The assessment will help
us determine what we will need 5 or 10 years down the road by
evaluating industry trends and determining what resources are required,
what skillsets we will need, and how we will find those resources and
skills. And it is absolutely critical, as we look at our resources,
that we maximize our opportunities to create a diverse and inclusive,
highly-skilled workforce of the future.
Additionally, we need to continue moving forward with our efforts
to reduce the length of time to complete our investigations without
compromising the integrity of our investigative process, and the
quality of our investigative products.
If confirmed, I look forward to working with our talented staff on
all these endeavors and with each of you as you continue your great
work to improve safety in all modes of transportation.
Thank you again for this opportunity. I look forward to answering
your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Jennifer Lynn Homendy
Jennifer Esposito Homendy
Jennifer Lynn Esposito (maiden name)
2. Position to which nominated: Chair, National Transportation
Safety Board (NTSB)
3. Date of Nomination: April 27, 2021
4. Address (List current place of residence and office addresses):
Residence: Information not provided to the public.
Office: National Transportation Safety Board, 490 L'Enfant
Plaza East, SW, Washington, DC 20590
5. Date and Place of Birth: November 26, 1971; New Britain, CT
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Michael Scott Homendy (spouse), Director of Product
Development, Robbin-Gioia, LLC
7. List all college and graduate degrees. Provide year and school
attended.
Master of Transportation Safety Administration, Institute for
Global Road Safety and Security, Clemson University;
anticipated graduation, 2022
Bachelor of Arts, Humanities, The Pennsylvania State
University, graduated 1994
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Management-level jobs:
Member, National Transportation Safety Board, August 2018 to
present
Democratic Staff Director, Subcommittee on Railroads,
Pipelines, and Hazardous Materials, Committee on Transportation
and Infrastructure, U.S. House of Representatives, June 2004 to
August 2018
Non-managerial jobs:
Legislative Representative, International Brotherhood of
Teamsters, June 1999 to June 2004
Legislative Representative, Transportation Trades Department,
AFL-CIO, 1997-1999
Manager of Government Relations, American Iron and Steel
Institute, 1996-1997 (Legislative Representative, 1996)
Senate Assistant, National Federation of Independent Business,
1994-1996
Following graduation from The Pennsylvania State University in
September 1994, I served as a paid temporary staff assistant
for two weeks for Congressman Lamar Smith (R-TX) while staff
was on leave. Immediately prior to graduation, I worked as an
unpaid intern for Senator Arlen Specter (R-PA, at the time) in
his Harrisburg, Pennsylvania district office.
9. Attach a copy of your resume.
Please see attached resume.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
2017: President, Baffa Academy Association, a parent
association for my daughter's former dance academy (not
compensated). I resigned from this position upon confirmation
on July 25, 2018, in accordance with the terms of my ethics
agreement with the NTSB's Designated Agency Ethics Official
(DAEO).
On and off from 2010-2016: Board Member and President of the
River Meadows Community Association (not compensated).
2012-2015: Partner, Mommy Trader Movement, LLC (MTM),
Fredericksburg, Virginia (not compensated). MTM was initially
formed to help 5,000 local mothers buy, sell, and trade used
toys, clothing, furniture, and other items through a Facebook
group page to help reduce family expenses. Over time, MTM
expanded to host events that raised funds for the benefit of a
local YMCA financial hardship campaign and various
Fredericksburg families-in-need. MTM also organized classes
aimed at reducing costs for families; promoted local family-
friendly events and small businesses; and published family-
friendly articles in Fredericksburg Parent and Family magazine.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, 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, Washington Area Bicyclist Association (2020)
Member, American College of Sports Medicine (2013 to present)
Member, Cape Fear Triathlon Club (2018 to present)
Member, USA Triathlon (2014 to present)
Member, American Family Fitness, Fredericksburg, VA (2019-2020)
Member, Fredericksburg Country Club (2015-2019)
Member, YMCA, Fredericksburg, VA (2017-2018)
Member, Baffa Academy Association (2017-2018)
Member, Fredericksburg Cycle Club (2014)
None of the above organizations restrict membership on the
basis of sex, race, color, religion, national origin, age, or
disability.
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 currently serve as a Member of the National Transportation Safety
Board. I was confirmed by the United States Senate in July 2018 and
again in August 2019 for a five-year term expiring on December 31,
2024.
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 a membership or office with a state or national
political party or election committee within the past ten years.
Additionally, I have not held a paid position or served in a formal or
official advisory position in a political campaign within the past ten
years. However, I have served as a volunteer for the following:
Biden-Harris Policy Committee, June-November 2020
Biden-Harris Campaign, GOTV volunteer, 2020
Democratic Party of Virginia, Voter Registration Drive, 2016
Mike Capuano for Congress, GOTV volunteer, 2019
Obama-Biden, GOTV volunteer, 2012
Peter DeFazio for Congress, GOTV volunteer, 2012 and 2014
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.
$815.58 Biden for President (2020)
$250.00 DeFazio for Congress (2020)
$200.00 Hillary for America (2016)
This is the result of electronic searches (FEC and bank
accounts) and reflects the best of my recollection. Should any
additional contributions be identified, I will promptly notify
the Committee.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Fellow, 115th Congress, Stennis Center for Public Leadership
Honorary Recognition and Membership Award, United
Transportation Union, adopted by the Board of Directors by
resolution in 2007, in recognition of my ``immeasurable
assistance in support of railroad workers and their welfare.''
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
4/16/2021 Presentation to the League of American
Bicyclists regarding ensuring the safety of
vulnerable road users through a safe systems
approach (in particular, safe vehicles, safe
speeds, and safe infrastructure)
4/12/2021 Presentation to Zoox regarding the importance
of ensuring safety in the development,
testing, and implementation of autonomous
vehicles
3/26/2021 Presentation to the Rural Railroad Safety
Center, Kansas State University
2/26/2021 Your Role in Improving EMS Flight Safety
(iafc.org)
2/3/2021 The 2021 Aviation Symposium, The Changing Face
of Accident Investigations ``A discussion
with the Honorable Jennifer Homendy, Member,
National Transportation Safety Board''
12/21/2020 NTSB Safety Compass: We Can Do Big Things.
Just Look at Positive Train Control | NTSB
Safety Compass (wordpress.com)
11/23/2020 NTSB Safety Compass: It's Past Time to Think
About Cognitive Distraction | NTSB Safety
Compass (wordpress.com)
10/15/2020 Keynote for Network of Employers for Traffic
Safety (NETS) Annual Virtual Strength IN
Numbers Fleet Safety Benchmark Conference
titled ``Road Safety Updates and Perspectives
from the NTSB''
9/21/2020 NTSB Safety Compass: Rail Safety Week 2020 |
NTSB Safety Compass (wordpress.com)
9/17/2020 Taped Keynote for Air Traffic Control
Association (ATCA) Tech Symposium titled
``Planes, Trains, and Automobiles: Safety
Talk with Member Jennifer Homendy, NTSB''
9/9/2020 NTSB Safety Compass: San Bruno Victims and
Their Families Deserve Long-Overdue Action |
NTSB Safety Compass (wordpress.com)
8/18/2020 Safety Needs a Safety Culture--Helicopter
Association International (rotor.org)
8/5/2020 Taped Keynote for American Petroleum
Institute's (API) 2020 Annual Pipeline
Conference, Virtual Webinar Series
7/31/2020 NTSB Safety Compass: Arriving Soon: Fully
Implemented Positive Train Control | NTSB
Safety Compass (wordpress.com)
7/24/2020 NTSB Safety Compass: Remembering Marshall,
Michigan | NTSB Safety Compass
(wordpress.com)
7/23/2020 Panelist for Pipeline Safety Trust's Session,
``The Enbridge Spill and Its Consequences''
(10 Year Anniversary of the Enbridge Oil
Spill in the Kalamazoo River)
7/6/2020 NTSB Safety Compass: Fatal Distraction: The
Dangers When our Eyes Aren't Faithful to the
Road | NTSB Safety Compass (wordpress.com)
6/24/2020 Presentation to the Association of Pedestrian
and Bicycle Professionals, https://
www.ntsb.gov/news/speeches/JHomendy/Documents/
homendy-20200624.pdf
6/15/2020 NTSB Safety Compass: FAA Must Take Action on
Recorder Safety Recommendations | NTSB Safety
Compass (wordpress.com)
6/11/2020 Keynote Speech, Texas Traffic Safety Virtual
Conference (ntsb.gov)
6/11/2020 LinkedIn: Achieving Zero Means Broadening the
Dialogue | LinkedIn
5/28/2020 NTSB Safety Compass: When it Comes Down to You
and a Train, You Won't Win! | NTSB Safety
Compass (wordpress.com)
5/15/2020 Opinion | Heavy-footed drivers are converting
our traffic-free roads into racetracks--The
Washington Post
4/17/2020 NTSB Safety Compass: Open Roads are not a
Reason to Speed | NTSB Safety Compass
(wordpress.com)
4/2/2020 NTSB Safety Compass: Ensuring Transportation
Safety, Even During a Crisis | NTSB Safety
Compass (wordpress.com)
3/12/2020 NTSB Safety Compass: A Comprehensive Approach
to Bicycle Safety | NTSB Safety Compass
(wordpress.com)
3/12/2020 Presentation to the Women's History Month
Celebration: Valiant Women of the Vote,
Washington, DC (ntsb.gov)
2/19/2020 Remarks of the Honorable Jennifer Homendy at
the AASHTO Council on Rail Transportation,
Washington, DC (ntsb.gov)
12/3/2019 Keynote Speech--American Gas Association 13th
Annual Executive Leadership Safety Summit
(ntsb.gov)
11/4/2019 Remarks to the Association for Safe
International Road Travel 2019 Gala
(ntsb.gov)
10/17/2019 NTSB Safety Compass: The New Car Assessment
Program | NTSB Safety Compass (wordpress.com)
9/12/2019 Remarks at the Metrolink Safety Summit
(ntsb.gov)
8/20/2019 NTSB Safety Compass: PTC, 50 Years After
Darien | NTSB Safety Compass (wordpress.com)
7/22/2019 NTSB Safety Compass: Speeding: Just Because
You Can, Doesn't Mean You Should | NTSB
Safety Compass (wordpress.com)
6/10/2019 NTSB Safety Compass: Remember Bellingham |
NTSB Safety Compass (wordpress.com)
6/7/2019 Remarks to the AAA New York State Impaired
Driving Summit 2019 (ntsb.gov)
5/10/2019 NTSB Safety Compass: The Golden Spike at 150 |
NTSB Safety Compass (wordpress.com)
5/6/2019 Lowering the legal limit of blood alcohol
concentration reduces drunk driving, saves
lives--Washington Times
5/2/2019 Commentary: Reducing blood alcohol content
level would save lives (timesunion.com)
4/29/2019 NTSB Safety Compass: Drink or Drive--Pick One
| NTSB Safety Compass (wordpress.com)
3/31/2019 Presentation at the 2019 Lifesavers Conference
on Speeding-Related Crashes
3/15/2019 NTSB Safety Compass: Don't Rely on the Luck of
the Irish for a Safe Ride Home | NTSB Safety
Compass (wordpress.com)
3/10/2019 Connecticut needs a motorcycle helmet law--
Hartford Courant
10/19/2019 Presentation to the Pipeline Safety Trust
Annual Conference
10/3/2018 Remarks to the Brotherhood of Locomotive
Engineers and Trainmen Fourth National
Convention (ntsb.gov)
9/12/2018 NTSB Safety Compass: Ten Years Later:
Remembering Chatsworth With Action | NTSB
Safety Compass (wordpress.com)
Nov 2013 Frugal Living with Mommy Trader Movement:
Giving Back to Our Community, Fredericksburg
Parent and Family Magazine
Aug 2013 Frugal Living with Mommy Trader Movement:
Dress to Impress for Less, Fredericksburg
Parent and Family Magazine
July 2013 Frugal Living with Mommy Trader Movement: 25
Free or Cheap Things to Do in Fredericksburg
and Beyond, Fredericksburg Parent and Family
Magazine
May 2013 Frugal Living with Mommy Trader Movement: Make
Your Own Beauty Products, Fredericksburg
Parent and Family Magazine
April 2013 Frugal Living with Mommy Trader Movement:
Making Money on Household Cleaners,
Fredericksburg Parent and Family Magazine
Feb 2013 Frugal Living with Mommy Trader Movement: Trim
Your Waistline and Your Wallet,
Fredericksburg Parent and Family Magazine
10/25/1993 Strategy for Sensible Eating, Penn State
Harrisburg's Student Newspaper, The Capital
Times
10/25/1993 Aquatic Aerobics in the 90s, Penn State
Harrisburg's Student Newspaper, The Capital
Times
18. List 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 name of an ``alias'' or ``handle'' 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.
Twitter (active): https://twitter.com/JenniferHomendy
LinkedIn (active): https://www.linkedin.com/in/jenniferhomendy/
Pinterest (active): https://www.pinterest.com/jhomendy/_saved/
Facebook (deleted): Jennifer Ellie
Instagram: My minor daughter has an Instagram account, but I am
the owner so I can monitor it. She manages the account. Please
let me know if you have further questions.
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Listed below are testimony before Congress and state legislatures.
3/3/2021 Testimony before the Joint Committee on
Transportation Connecticut General Assembly
on House Bill 6484 An Act Concerning
Recommendations by the Department of
Transportation (ntsb.gov)
3/3/2021 Statement before the Joint Committee on
Transportation Connecticut General Assembly
on House Bill 6486 An Act Concerning
Automated Driving System Equipped Vehicles
(ntsb.gov)
7/24/2019 Statement of the Honorable Jennifer Homendy
Member, National Transportation Safety Board
before the Committee on Commerce, Science and
Transportation United States Senate
(ntsb.gov)
6/26/2019 Testimony Before the Committee on Commerce,
Science, and Transportation United States
Senate on Amtrak: Next Steps for Passenger
Rail (ntsb.gov)
4/9/2019 Testimony before the Committee on
Transportation and Infrastructure
Subcommittee on Highways and Transit United
States House of Representatives on Every Life
Counts: Improving the Safety of Our Nation's
Roadways, Washington, DC (ntsb.gov)
4/2/2019 Testimony before the Committee on
Transportation and Infrastructure
Subcommittee on Railroads, Pipelines, and
Hazardous Materials United States House of
Representatives on Pipeline Safety: Reviewing
the Unmet Mandates and Examining Additional
Safety Needs (ntsb.gov)
2/25/2019 Testimony before the Joint Committee on
Transportation of the Connecticut General
Assembly on House Bill 7140 (ntsb.gov)
5/16/2018 Statement of Jennifer Homendy, Nominee,
Member, National Transportation Safety Board
before the Committee on Commerce, Science and
Transportation, United States Senate:
Nominations Hearing--U.S. Senate Committee on
Commerce, Science, & Transportation . . .
From June 21, 2004, through August 19, 2018, I served as Democratic
Staff Director of the Subcommittee on Railroads, Pipelines, and
Hazardous Materials and participated in numerous panel discussions on
the legislative outlook in Congress and various railroad, pipeline, and
hazardous materials transportation issues. I did not keep a list of
those panel discussions, but I appeared before the following
organizations: the American Gas Association, the American Public
Transportation Association, the American Association of State Highway
and Transportation Officials, Women in Transportation Seminar, Women in
Government Relations, the Transportation Trades Department, AFL-CIO,
the One Rail Coalition, the Association of American Railroads, the
International Brotherhood of Locomotive Engineers and Trainmen, and the
International Brotherhood of Teamsters.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I am a strong advocate for safety, and I have spent nearly two
decades supporting the critical safety mission of the National
Transportation Safety Board (NTSB) to investigate crashes in all modes
of transportation, determine the probable causes, and issue safety
recommendations aimed at preventing future tragedies and injuries and
saving lives.
Since August 2018, I have had the great honor of serving as a
member of the NTSB. Prior to joining the Board, from 2004 to 2018, I
served as Democratic Staff Director of the Subcommittee on Railroads,
Pipelines, and Hazardous Materials for the Committee on Transportation
and Infrastructure, U.S. House of Representatives. During that time, I
worked closely with the NTSB to implement longstanding recommendations
to strengthen the safety of rail, pipeline, and hazardous materials
transportation (in aviation, trucking, and marine). Some of those
recommendations remained on our Most Wanted List for decades.
During my time at the Board, I have led the NTSB Go Team for seven
major investigations including the January 2020 high-profile helicopter
crash in Calabasas, California; the January 2020 large motorcoach crash
near Pittsburgh, Pennsylvania; the October 2019 crash of a B-17
``living history'' flight in Windsor Locks, Connecticut; the September
2019 fire and subsequent sinking of the Conception dive vessel off
Santa Cruz Island, California; a June 2019 skydiving plane crash in
Mokuleia, Hawaii; a May 2019 mid-air collision in Ketchikan, Alaska;
and, a February 2019 natural gas pipeline explosion in San Francisco,
California. I also launched to two other tragedies: a series of natural
gas pipeline explosions and fires in Merrimack Valley, Massachusetts
and an experimental plane crash in Fredericksburg, Virginia. All of
these involved numerous media briefings, meeting with families and
other loved ones of victims, and meeting with elected officials.
Additionally, I have been involved with deliberating and
determining the findings and probable causes, and issuing safety
recommendations for more than 60 transportation accident
investigations. I have testified before Congress and state legislatures
on numerous occasions and have given speeches on all modes of
transportation.
I have seen first-hand the improvements that have been made at the
NTSB and the challenges that remain and, if confirmed, I pledge to
actively work with my colleagues on the Board and this Committee to
address those challenges. See Question #22.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
According to the statute, if confirmed, I would serve as the chief
executive and administrative officer of the Board, which includes
overseeing the expenditures of the Board and ensuring that proper
management and accounting controls are in place. While I have not
managed a large organization, I have a great deal of experience at the
NTSB as a Member of the Board and working with staff. The Board reviews
and approves the annual budget of the NTSB and reports to the public
and Congress, in accordance with our mandates. Additionally, I have
been involved in the oversight of the management of other large Federal
agencies for nearly 15 years. That oversight work included
congressional review of agency spending and budget requests, as well as
management reports by the Amtrak and Department of Transportation
Inspectors General.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
Recruiting, hiring, and retaining a diverse and inclusive workforce
to ensure we are able to carry out our core safety mission as mandated
by Congress. The NTSB is world-renowned for our investigations and for
the vast improvements in transportation safety that we have championed
since our creation as an independent agency in 1967. That's a direct
result of the hard work, professionalism, and dedication of our
incredible workforce, from our investigators who stand ready 24/7 to
travel throughout the United States or internationally in response to
tragedies, to our research and engineering team who provide technical
support to accident investigations and conduct studies that examine
critical safety issues in all modes of transportation, our
transportation disaster assistance division who provides support to
victims and family members affected by accidents, and the hundreds of
others at the NTSB who work tirelessly to support our safety mission.
As the Federal government faces a growing number of retirements, it is
vitally important that we focus on developing a diverse and inclusive
workforce and environment within the agency.
Carrying out our mandate to improve safety. The NTSB is required to
investigate certain accidents under 49 U.S.C. 1131, but has not fully
complied with that mandate due to ``limited resources'' (see page A-12
of 2019-NTSB-ARC-Appendices.pdf). We need to better understand why this
is occurring and whether our resources are being utilized
appropriately. We also continue to struggle with timeliness of
finalizing investigations and reports. We have made improvements in
this area, but additional work is needed. If reports are delayed,
safety suffers.
Improving employee and stakeholder engagement in a post-COVID
world. COVID-19 has presented challenges for NTSB and our workforce,
just like other Federal agencies. Many of our employees have children
or other loved ones who are now at home with no school, summer camps,
or other care options available to them. Many others care for loved
ones that have health conditions that make them vulnerable to
complications if they are exposed to COVID, and some of our workers
have health conditions which put them into high-risk categories. When
our workforce is phased back into the office, we have to make sure we
are addressing their needs and challenges that they will continue to
face. This includes ensuring that their safety and health, as well as
those they care for, remain a priority.
We also need to find new, innovative ways to increase engagement
with stakeholders and partners, including modal agencies within the
Department of Transportation and Congress, to improve safety.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have no financial arrangements, deferred compensation agreements,
and other continuing dealings with business associates, clients, or
customers. I have a Thrift Savings Plan and I participate in the
Federal Employees Retirement System, a defined benefit retirement plan.
Information related to my spouse's retirement account is fully
described in Part 5 of my Executive Branch Personnel Public Financial
Disclosure.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could 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 NTSB's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with NTSB's DAEO 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 NTSB's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with NTSB's DAEO 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 NTSB's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with the NTSB's DAEO and that has 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.
As stated, I have served as a Member of the National Transportation
Safety Board since August 2018 and as Democratic Staff Director for the
Subcommittee on Railroads, Pipelines, and Hazardous Materials for the
Committee on Transportation and Infrastructure, U.S. House of
Representatives from June 2004 to August 2018. In those capacities, I
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of legislation.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
Please refer to Question #4
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.
As a teenager, a misdemeanor for shoplifting. I deeply regret my
actions. In addition to court-ordered penalties, I volunteered for
community service, which included speaking to students and at-risk
youth.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. 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 complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency 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
THE HONORABLE JENNIFER L. HOMENDY
EMPLOYMENT BACKGROUND
Member, National Transportation Safety Board (NTSB). Unanimously
confirmed by the U.S. Senate in July 2018 and again in August 2019;
five-year term expires December 31, 2024. Oversees activities of the
agency including accident investigations and reports, safety
recommendations, and safety studies in all modes of transportation--
aviation highways, marine, pipelines and hazardous materials, and rail
and transit. Led the NTSB ``Go Team'' on 9 major and regional accident
investigations, including the September 2018 overpressurization of a
gas distribution pipeline system in Merrimack Valley, Massachusetts
(training launch); a December 2018 experimental plane crash in
Fredericksburg, Virginia; a February 2019 natural gas pipeline
explosion in San Francisco, California; a May 2019 mid-air collision in
Ketchikan, Alaska; a June 2019 skydiving plane crash in Mokuleia,
Hawaii; the September 2019 fire and subsequent sinking of the
Conception dive vessel off Santa Cruz Island, California; the October
2019 crash of a B-17 ``living history'' flight in Hartford,
Connecticut; a January 2020 large motorcoach crash near Pittsburgh,
Pennsylvania; and, a high-profile January 2020 helicopter crash in
Calabasas, California. Debated and approved more than 60 accident
reports since joining the Board. Testified before the House and Senate
and state legislatures on various transportation safety issues.
Additional materials are available at: bio, speeches, and blogs and
podcasts.
Democratic Staff Director, Subcommittee on Railroads, Pipelines, and
Hazardous Materials, Committee on Transportation and Infrastructure,
U.S. House of Representatives, June 2004 to August 2018. Drafted,
negotiated, and guided major pieces of rail, pipeline, and hazardous
materials safety legislation through the legislative process, including
the Safe, Accountable, Flexible, Efficient, Transportation Equity Act:
A Legacy for Users (SAFETEA-LU); the Rail Safety Improvement Act of
2008 (P.L. 110-432, Division A), which mandated implementation of
positive train control (PTC); the Passenger Rail Investment and
Improvement Act of 2008 (P.L. 110-432, Division B); the Pipeline,
Inspection, Protection, Enforcement, and Safety Act of 2006; the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011;
the Fixing America's Surface Transportation (FAST) Act of 2015; the
Protecting Our Infrastructure of Pipelines Enhancing Safety (PIPES) Act
of 2016; and the Norman Y. Mineta Research and Special Programs
Improvement Act of 2004, which created the Pipeline and Hazardous
Materials Safety Administration (PHMSA). Created the strongest Buy
America standard in transportation: 100 percent for intercity passenger
and high-speed rail. Spearheaded the Committee's extensive oversight
investigations of the Enbridge pipeline rupture in Marshall, Michigan,
and PHMSA, which led to major safety improvements in pipeline and
hazardous materials safety. In 2017 and 2018, led a multimodal review
of the Department of Transportation's drug and alcohol testing program
which identified significant safety gaps in the program.
Legislative Representative, International Brotherhood of Teamsters,
June 1999 to June 2004. Represented the interests of Teamster working
families before Congress and the Executive Branch. Areas of expertise
included transportation and international trade. Transportation work
focused on motor carrier, rail, and hazardous materials safety. Served
as a cleared (classified) labor representative on the President's
Advisory Committee on Trade Policy and Negotiations and the U.S.
Department of Labor's Trade Advisory Committee.
Legislative Representative, Transportation Trades Department, AFL-CIO
(TTD), August 1997 to June 1999. Represented the interests of
transportation workers before Congress and the Executive Branch. Areas
of expertise included motor carrier, rail, hazardous material, and
nuclear waste transportation safety; domestic manufacturing/Buy
America; appropriations/budget; innovative financing, including state
infrastructure banks and credit enhancements; and worker protections,
including Section 13(c) of the Federal Transit Act and Davis Bacon.
Legislative Assistant, American Iron and Steel Institute (AISI), March
1996 to August 1997, promoted to Manager of Government Relations.
Represented the interests of the American steel industry and its
employees before Congress in the areas of domestic manufacturing/Buy
America, transportation, environment, and energy; researched and
prepared policy analyses of various tax and trade issues; served as
Staff Director of AISI's Committee on Traffic; represented AISI at
various coalition meetings; presented monthly reports to AISI's Board
of Directors on legislative developments; interacted with Members of
Congress, congressional staff, and AISI member companies; and drafted
correspondence and memoranda.
National Federation of Independent Business (NFIB), Washington, D.C.,
Senate Administrative Assistant for Federal Governmental Relations from
September 1994 to March 1996. Duties included researching issues that
affect small businesses; organizing membership participation in, and
issue development for, the White House Conference on Small Business
held in June 1995; and providing legislative and administrative support
to the Director of Federal Governmental Relations and three Senate
lobbyists.
EDUCATIONAL BACKGROUND AND RECENT VOLUNTEER WORK
Master of Transportation Safety Administration, Institute
for Global Road Safety and Security, Clemson University
(ongoing)
Bachelor of Arts, Humanities, The Pennsylvania State
University, graduated 1994
Fellow, 115th Congress, Stennis Center for Public Leadership
The National Board on Fire Service Professional
Qualifications (through the International Association of Fire
Fighters), Certified in Core HazMat Operations and Mission-
Specific PPE and Product Control (hazmat operations-level
responder training)
Pilot Ground School, Germanna Community College, 2020
Certified Personal Trainer, American College of Sports
Medicine, 2013-present
The Chairwoman. Thank you. Ms. Hedlund, welcome.
STATEMENT OF KAREN J. HEDLUND, NOMINEE TO BE A MEMBER, SURFACE
TRANSPORTATION BOARD
Ms. Hedlund. [Off mic] Thank you, Chairman. Chairman
Cantwell and Ranking Member Wicker and other members of the
Committee, and your wonderful staff, whom I had the privilege
of working with some of them when I was at FRA and thank you
for giving me the opportunity to appear before you today to
consider my nomination as a member of the Surface
Transportation Board. I am also grateful to President Biden for
his expression of confidence in me.
Having worked on the development of freight and passenger
rail projects across the country, in both the private and the
public sectors, I would regard it as a great privilege to have
the opportunity to help fulfill the Board's crucial role in
ensuring a robust national freight and passenger rail system
for the United States, in the 21st Century.
Thank you for introducing my son, Alex, who is with me
today, and my other son, Erik, who is out there somewhere in
Zoom land.
[Laughter.]
They have been--their support has been just wonderful.
As has been mentioned, I had the privilege of serving in
the Obama Administration as Chief Counsel and then, Deputy
Administrator at FRA. And during my time there, one of my
primary responsibilities was to administer the Intercity
Passenger Rail Grant Program that was funded under the Recovery
Act. And many of these projects actually entailed major
improvements to rail lines owned by our Class 1 railroads that
host Amtrak and other passenger rail service. And we needed to
negotiate with them, or assist the states and the railroads in
executing, what were called, Service Outcomes Agreements to
ensure that the improvements we were making to the freight
lines were really going to benefit passenger service. But of
course, in the course of those negotiations, I should say, I
became very familiar with the freight's commercial interests
and concerns.
Since stepping down from FRA, I have remained involved in
some of the Nation's most significant rail development
projects, including a proposed project, in the Chair's home
state, that would be a new high-speed rail line that would
connect Seattle to Portland and Vancouver, BC. That is a very
exciting project that would help, really, the development of
this great mega-region, but may also help to get people who
live--I mean, there is an equity aspect to all high-speed rail
projects, and that is helping people who live outside of our
major work centers to access them, as well. And that is part of
the planning for that project.
I also worked to advance legislative proposals, as a member
of the American Public Transportation Association's Legislative
Committee. And I want to really commend this Committee for the
wonderful work they did on advancing rail through the
bipartisan Surface Transportation Investment Act. And I also
appreciate the improvements to the RIFF loan program, which I
oversaw when I was at FRA, to make that program work so much
better for our short line railroads.
Now, as you understand, I cannot comment on any specific
matters pending before the Board, but I am well aware of the
challenges presented by its current docket. We are going to
have the first merger of two Class I railroads, in 20 years,
and since the Board's merger rules were revised in 2001. And I
know that these proceedings can be time-consuming, complex, and
controversial, have a profound impact on what the industry
looks like.
The Board is also working on several important rulemakings
that will have policy implications. These include proceedings--
new procedures to reduce the cost and complexity and duration
of rate cases, and particularly for smaller disputes and
smaller entities--small shippers and smaller railroads.
The Board is going to be placing--playing an increasing
role with respect to intercity passenger rail, authorizing new
high-speed passenger rail lines, such as the one in Cascadia,
and of course, the long-sought restoration of passenger service
on the Gulf Coast line, which I became familiar with six or 7
years ago, when I was at FRA and went down to Mobile to meet
with the mayors. And Senator Wicker, I do not understand why it
is taking so long to get this restarted and I will certainly
work with the Board and its staff on seeing if we can resolve
this in an expeditious manner.
So, thank you for your time and I look forward to answering
your questions.
[The prepared statement and biographical information of Ms.
Hedlund follows:]
Prepared Statement of Karen J. Hedlund, Nominee to a Member,
Surface Transportation Board
Chairman Cantwell, Ranking Member Wicker and distinguished Members
of the Committee on Commerce, Science and Transportation, thank you for
affording me the opportunity to appear before you today in
consideration of my nomination to serve on the Surface Transportation
Board. I am also grateful to President Biden for his nomination. Having
worked on the development of freight and passenger rail projects across
the country, in both the public and private sectors, it would be a
great privilege for me to work to fulfill the Board's crucial role in
ensuring a robust national freight and passenger rail system in the
21st Century.
I also want to thank my amazing children and their families for
their support. My son Alex is here with me today, and my other son
Erik, my daughters-in-law and grandchildren are zooming in.
I had the privilege of serving in the Obama Administration as Chief
Counsel of the Federal Railroad Administration and as FRA Deputy
Administrator. During my time at FRA, one of our primary
responsibilities was to administer President Obama's intercity
passenger rail program. Many of the funded projects entailed
improvements to rail lines owned by our Class 1 railroads that host
Amtrak service. In the course of negotiating related agreements with
them, I became very familiar with their commercial interests and
concerns. We also worked diligently on rail safety issues, including
improving the ability of tank cars to withstand derailments, an issue
that is primarily within the jurisdiction of FRA and PHMSA.
Since stepping down from my position at FRA at the end of 2014, I
have continued to remain involved in some of the Nation's most
significant rail development projects, including the Gateway Hudson
River Tunnel and Bridge Project and the proposed Ultra-High-Speed
Ground Transportation Project connecting the States of Oregon and
Washington and the Province of British Columbia. In Colorado, I have
worked with the Southwest Chief and Front Range Passenger Rail
Commission on developing a new passenger rail line from Fort Collins to
Pueblo and beyond. I have also assisted the Northeast Corridor
Commission in connection with a cost allocation matter involving
escalating insurance costs for transit users of the Corridor.
I have also worked on legislative proposals to advance intercity
rail as a member of the American Public Transportation Association's
Legislative Steering Committee. And I would like to commend the Chair
and Members of this Committee for their work in advancing rail through
your historic bipartisan Surface Transportation Investment Act, which
would authorize $78 billion over 5 years for rail, multimodal and
safety programs, and provide other important measures to advance both
freight and passenger rail.
Additionally, I would bring to the Board my 35 years of experience
as a practicing attorney with several of the Nation's leading law
firms, focusing on infrastructure finance and development. In the
course of serving as counsel to both public and private entities on
multi-million-dollar transactions, I gained a deep understanding of the
capital markets that finance our Nation's railroads, and other surface
transportation projects.
While, as you understand, I cannot comment on any specific matters
pending before the Board, I am well aware of the challenges presented
by its current docket. The Board will be considering the first
merger(s) involving two Class I railroads since the Board's merger
rules were revised in 2001. I appreciate that merger reviews can be
time-consuming, complex, and controversial, and can have a profound
impact on the shape of the rail industry and the way in which rail
service is provided.
The Board is also working on several important rulemakings that
have broad-ranging policy implications for the railroad industry and
that could have a significant impact on how rate and other disputes are
resolved. These pending proceedings include proposed new procedures to
reduce the cost, complexity, and duration of rate reasonableness cases,
particularly for smaller disputes. I am also familiar with Senator
Baldwin's proposed Rail Shipper Fairness Act that also seeks to address
these and other issues.
The Board will also be playing an increasing role with respect to
intercity passenger rail. This includes authorization of new high-speed
passenger rail lines, and considering Amtrak-host railroad on-time
service and cost allocation issues. There is also a proceeding relating
to the long-sought reinstatement of passenger service over the Gulf
Coast line, which I became familiar with when I was at FRA.
My approach to matters before the Board and its investigations and
policy making processes will be to prioritize thorough analysis and
full transparency by the parties regarding factual, policy and legal
issues. If confirmed, I commit to bring my transportation, finance and
legal experience to the Board and to address all matters in a fair and
impartial manner. I will also work diligently to see that all outcomes,
first and foremost, serve the public interest.
Thank you for your time, and I look forward to answering your
questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Karen Jean Hedlund.
(I used name Karen Hedlund Schneider upon marriage in 1969
until 1973, when I reassumed use of my maiden name, although I
remained married).
2. Position to which nominated: Member, Surface Transportation
Board (STB).
3. Date of Nomination: April 29, 2021.
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: October 27, 1948; Chicago, Illinois.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Alex Hedlund Schneider, age 41
Erik Reuben Schneider, age 38
7. List all college and graduate degrees. Provide year and school
attended.
Harvard University AB 1970
Georgetown University Law Center JD 1974
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
WSP USA--Advisory Services
New York, New York
Vice President
January 2015 to April 2020
Independent Consultant
April 2020 to present
Karen J Hedlund, PC
New York, NY and Edwards, CO
President/Owner
January 2015 to present
United States Department of Transportation
Federal Railroad Administration
Washington, DC
Deputy Administrator
December 2011 to September 2014
Chief Counsel
June 2010 to December 2011
United States Department of Transportation
Federal Highway Administration
Washington, DC
Chief Counsel
June 2009-June 2010
Nossaman, LLP
Los Angeles and Washington D.C.
Partner
1995-2009
SunAmerica Inc.
Los Angeles, CA
Executive Vice President and General Counsel
1993-1994
Skadden Arps
Chicago, IL and Los Angeles, CA
Partner
1984-1993
Mayer Brown
Chicago, IL
Associate and Partner
1974-1984
9. Attach a copy of your resume.
See attached copy of resume of Karen J Hedlund.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Board Member, Washington Union Station Redevelopment
Corporation (2011-2014)
Board Member, Moynihan Station Development Corporation (2011-
2014)
Advisor, U.S. Department of Transportation, National Freight
Advisory Commission (2012-2014)
Consultant, Gateway Development Corporation (NY and NJ) (2015-
2018)
Consultant, Washington State Department of Transportation
(2018-2020)
Consultant, Santa Fe Chief and Front Range Passenger Rail
Commission (CO) (2018-2020)
Consultant, Peninsula Corridor Joint Powers Board (CA) (2018)
Consultant, High Dese11 Corridor Joint Powers Authority (CA)
(2015 to present)
Consultant, Dallas Area Rapid Transit District (TX) (2017-2018)
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Board Member, Edge Foundation (2016 to present)
Vice President, WSP (2015-2020)
President, Karen J Hedlund, PC (1996 to present)
Board Member, Union Station Redevelopment Corporation (2011-
2014)
Board Member, Moynihan Station Development Corporation (2011-
2014)
Trustee, Karen J Hedlund Trust (1996 to present)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, 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.
Women's Transportation Seminar (2008 to present)
American Public Transportation Association, Co-Chair of the
Commuter and Intercity
Passenger Rail Legislative Subcommittee (2015 to present)
Coalition for the Northeast Corridor, Member (2015 to present)
Harvard Club of New York, New York, New York (2015 to present)
The Club at Cordillera, Edwards, Colorado (golf club) (2018 to
present)
Arrowhead Alpine Club, Edwards, Colorado (athletic club) (2018
to present)
Springfield Golf and Country Club, Springfield, Virginia (golf
club) (2012-2015)
To my knowledge, none of the above restricts membership on the
basis of sex, race, color, religion, national origin, age, or
disability.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. 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 pruty, political action committee, or similar
entity of $200 or more for the past ten years.
Information set out below was derived from Federal Election
Committee Report on contributions from Karen Hedlund between January 1,
2011 and ending May 09, 2021.
2011
DNC Service Corporation/Democratic National Committee (March)
$1,580
Obama for America (June) $1,500
2012
DNC Service Corporation/Democratic National Committee (June)
$1,000
Obama for America (September) $1,000
Obama for America (October) $1,500
Obama Victory Fund 2012 (October) $1,500
2013
None
2014
None
2015
None
2016
Hillary for America (January) $2,700
Parsons Brinckerhoff, Inc. PAC (April) $500
Hillary Victory Fund (October) $2,700
WSP USA Inc. PAC (August) $500
2018
None
2019
Inslee for America (July, September, October) $600
WSP USA Inc. PAC (October) $500
Bennet for America (August, September) $250
2020
Biden for President (July, September, October) $1750
DNC Services Corp/Democratic National Committee (November) $700
Biden Victory Fund (July, October) $1250
Biden Fight Fund (November) $500
2021
Friends of Schumer (February) $500
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Georgetown University Law Center Alumni Award (2003)
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
The publications and speeches of which I have records include:
``Private Equity to Match Public Investment,'' Mineta
Institute, October 2020. I also made presentations based on the
article to the Transportation Research Board, Annual Meeting,
Session 1410, January 28, 2021; and (2) APTA's High Speed Rail
Conference, April 8, 2021
``Too Long to Drive, Too Sho1t to Fly, SPEEDLINES, published by
the APTA High-Speed and Intercity Passenger Rail Committee,
August 2020 https://higherlogicdownload.s3-external-
1.amazonaws.com/AMERICANPTA/e8a3c67b-
ffe4-0a40-d57d-
3a092460dc73_file.pdf?AWSAccessKeyld=AKIAVRDO7IEREB5
7R7MT&Expires=l618530568&Signature=%2Bc0XQffdpXTTEd402ZV%2Bg4m
Qd2E%3D
``What is the future of transit and rail post-COVID?'' Address
to Smart Commute Metro North (CO) Transforum Conference,
October 22, 2020
US High Speed Rail Association Karen Hedlund (FRA)--Washington
Summit February 12. 2014 and February 2012
Presentation to National Conference of State Legislatures.
Partners Project on Public-Private Partnerships, ``PPP Model
Legislation''. April 22, 2009. Microsoft PowerPoint-Hedlund
NCSL April 2009.PPT
``Public-Private Partnerships: The Most Effective Finance Tool
in the Box.'' Horizon. a publication of the Texas Department of
Transportation. Fall 2006, horizon_fal12006.pdf (state.tx.us)
18. 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 name of an ``alias'' or ``handle'' 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 (99+) Karen Hedlund | Linkedln
Facebook (20+) Karen Hedlund | Facebook
Instagram @erinjean27 Instagram photos and videos
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
House Transportation and Infrastructure Committee
Subcommittee on Railroads, Pipelines and Hazardous Materials
Hearing on Review of Challenges Facing California High-Speed
Rail
January 15, 2014
https://www.govinfo.gov/content/pkg/CHRG-113hhrg86279/pdf/CHRG-
113hhrg86279.pdf
House Transportation and Infrastructure Committee
Subcommittee on Highways and Transit
Hearing on Innovative Financing and Protecting the Public
Interest
February 13, 2007
https://www.govinfo.gov/content/pkg/CHRG-110hhrg34778/pdf/CHRG-
110hhrg34778.pdf
House Transportation and Infrastructure Committee
Subcommittee on Highways and Transit
Hearing on Understanding Public Private
Highway Transactions: The Future of Infrastructure Finance
May 24, 2006
https://www.govinfo.gov/content/pkg/CHRG-109hhrg28290/pdf/CHRG-
109hhrg28290.pdf
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
The Surface Transportation Board, an independent Federal agency
reauthorized under the Surface Transportation Board Reauthorization Act
of 2015, is charged with the economic regulation of various modes of
surface transportation, primarily freight rail, and also has
jurisdiction over certain passenger rail matters. The agency has
jurisdiction over railroad rate, practice, and service issues and rail
restructuring transactions, including mergers, acquisitions, line
sales, line construction, and line abandonments.
Having worked on development of freight and passenger rail projects
across the country, in both the public and private sectors, it would be
a great privilege work to fulfill the Board's role in ensuring a robust
national freight and passenger rail system, including exercising its
jurisdiction over new high-speed rail projects, and in carrying out its
oversight responsibilities relating to the new on-time performance and
service metrics and standards applicable to Amtrak.
I had the privilege of serving in the Obama Administration as Chief
Counsel of the Federal Railroad Administration (FRA) (2009-2010) and
FRA Deputy Administrator (2010-2014). At FRA, a primary focus was
helping to administer President Obama's high-speed and intercity
passenger rail programs. Many of these projects involved improvements
to rail lines owned by our Class 1 railroads that host Amtrak service.
In the course of negotiating related agreements with them, I became
very familiar with their commercial interests and concerns.
Since departing FRA at the end of 2014, I have continued to remain
involved in some of the Nation's most significant rail developments,
including the Gateway Hudson River Tunnel and Bridge Project and the
proposed Ultra-High-Speed Ground Transportation Project connecting the
States of Oregon and Washington and the Province of British Columbia. I
have also worked on legislative proposals to advance intercity and
high-speed rail as a member of APTA's Legislative Steering Committee. I
also bring to this position 35 years of experience as a practicing
attorney with several of the Nation's leading law firms, Mayer Brown,
Skadden and Nossaman, focusing on infrastructure finance and
development. In the course of serving as counsel to both public and
private entities on multi-million-dollar transactions, I gained a good
understanding of the capital markets and the challenges of funding and
financing mega-projects.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
The Chairman, with the assistance of other Members of the Surface
Transportation Board, is responsible to ensure that the STB is
adequately staffed with attorneys, economists, investigators and other
personnel to carry out its responsibilities in a timely and efficient
manner. They must also oversee the management and accounting of
government appropriations to and expenditures by the agency, and must
manage information security risks pursuant to FISMA.
I believe my experience qualifies me to meet these challenges. At
the U.S. Department of Transportation, I oversaw the large legal
departments of the Federal Highway Administration and the Federal
Railroad Administration, and as Deputy Administrator of FRA, I had a
lead responsibility in the management of their grant and loan programs,
budgets, and administrative affairs. I gained an appreciation for the
great career personnel of the agencies who brought deep experience, an
objective approach to all issues that came before them and a tireless
commitment to service.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
1. The Board has received notices of intent to file for approval the
first Class 1 merger transaction since the Board's merger rules
were revised in 2021 (Kansas City Southern and CP/CN). The
Board is also reviewing the pending acquisition of Pan Am by
CSX, as well as the acquisition by Watco of several CN lines in
Wisconsin. Merger transactions can be time-consuming, complex,
and controversial. Handling these cases appropriately is the
first major challenge I see for the Board, as mergers,
particularly major mergers, can have a profound impact on the
shape of the rail industry and the way in which rail service is
provided.
2. The Board is working on several important new rule-makings that
have broad ranging policy implications for the railroad
industry. There is a proposed new procedure for challenging the
reasonableness of railroad rates in smaller cases, called
``Final Offer Rate Review'' (FORR). The purpose of this
proposed rule is to reduce the cost, complexity, and duration
of rate reasonableness cases, particularly for smaller
disputes. A related proposal submitted to the Board would
involve a voluntary arbitration procedure for rate review in
smaller cases. In another proceeding, the Board is considering
whether to remove the exemption for some commodities which have
been exempt from Board regulation for several decades; in that
proceeding, the Board has also sought public comment concerning
a new approach its Office of Economics has developed for
possible use in considering class exemption and revocation
issues. There is also a long-pending rule to revise the
``reciprocal switching'' rules. Addressing the issues involved
with these rulemakings or proposed rulemakings is the second
major challenge I see for the Board, as each could have a
significant impact on how rate and other disputes are resolved.
3. The Board will also be playing an increasing role with respect to
intercity passenger rail that is part of the interstate rail
network. This includes authorization of new high-performance
passenger rail lines, and enforcing Amtrak on-time service
under newly adopted metrics and standards. Amtrak is also
initiating a proceeding to reinstate service over the Gulf
Coast line. The third challenge I see for the Board will
involve gearing up for the increasing number of passenger
issues it is likely to face in the coming months and years
while continuing to carry out its responsibilities regarding
rulemakings, mergers, and other matters that come before it.
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.
My 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 the Government Ethics and the Surface Transportation
Board's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement I have
entered into with STB'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 the Government Ethics and the Surface Transportation
Board's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement I have
entered into with STB'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 the Government Ethics and the Surface Transportation
Board's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement I have
entered into with STB'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.
I have served since 2018 as Chair of Commuter and Passenger Rail
Subcommittee of Legislative Committee of APTA. I have also represented
WSP as member of Northeast Corridor Coalition. I was not required to
register as a lobbyist at any point.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
L Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
Resume of Karen J. Hedlund
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you. I think we now have Senator
Blumenthal, who wanted to make a short statement.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you so much, Chairman--Chairwoman
Cantwell, and thank you to Senator Wicker, as well, for giving
me this opportunity remotely from the anteroom of the Judiciary
Committee meeting, where we are engaged in votes. So, I
apologize I am not there in person. But I am very, very honored
and pleased to be introducing Jennifer Homendy as the Nominee
for Chairwoman of the NTSB.
Ms. Homendy was born in Connecticut. Her family, or at
least some of her family still resides in the Farmington,
Plainville, New Britain area. And I hope they are watching
because they should be very, very proud of this daughter of
Connecticut, who has performed such great work with immense
distinction, as a member of the NTSB, and also, as a member of
the Congressional Staff. She has decades of experience in
transportation safety. She has been on the ground at a number
of major safety incidents, crashes involving rail and planes.
And she will be a dedicated and effective Chairperson of the
NTSB.
As you know, this Agency does vital independent work in
assuring transportation safety in investigating such crashes,
and other mishaps, and I know that she is going to attract
qualified people. She will be diligent and independent in the
work that she does, and vigorous in reporting to the Congress
and the public. So, I am very proud and honored to support her
and I recommend her, strongly, to my colleagues on the
Committee.
The Chairwoman. Thank you, Senator Blumenthal. Thank you
for taking time out of the Judiciary Committee to give that
support for the Nominee.
So, Dr. Hampshire, please, if you would like to make your
statement.
STATEMENT OF DR. ROBERT C. HAMPSHIRE, NOMINEE TO BE ASSISTANT
SECRETARY FOR RESEARCH AND TECHNOLOGY, U.S. DEPARTMENT OF
TRANSPORTATION
Dr. Hampshire. Chair Cantwell, Ranking Member Wicker, and
members of the Committee, I am truly honored to appear before
you today as President Biden's nominee for Assistant Secretary
for Research and Technology at the Department of
Transportation.
I would like to thank my wonderful wife Alexandra Murphy,
who is here with me today. I would like to acknowledge my
sisters Natasha and Natalie, my brother Raymar, and my parents
Robert and Linda Hampshire, whose great migration from Mobile,
Alabama to Lima, Ohio is my model for faith, hope, and love in
action. President Biden, Secretary Buttigieg, thank you for
your confidence in me.
Prior to January 20, I was an associate professor of Public
Policy at the University of Michigan, as well as a faculty
member at the Transportation Research Institute at the
University of Michigan. I led a large multi-disciplinary team
studying how transportation systems impact the environment and
equitable access to opportunities.
I am quite familiar with the research and technology
programs at the Department of Transportation. Over my career, I
have received funding from two University Transportation
Centers, funding from the Federal Highways Administration, from
the Federal Transit Administration, from NHTSA. Additionally,
at the University of Michigan, I conducted research on
connected vehicles and connected infrastructure with the
support of the Intelligent Transportation Systems Joint Program
Office.
I have had the honor of working at some of the most
innovative research organizations in the world, including Bell
Laboratories, IBM T.J. Watson Research Labs, Carnegie Mellon,
MIT, and a visiting position at the Institute for Advanced
Studies at Princeton University. From these experiences, I have
learned not only the science and engineering excellence, but
also the culture, mentoring, community-building aspects of
leading-edge research institutions.
Since January, I have had the honor to lead a diverse,
experienced, seasoned workforce already in place in the Office
of the Assistant Secretary. Should the honor be extended to me
through this confirmation process, I am confident that my
experiences and knowledge to lead this team of dedicated public
servants will benefit the present and future of our entire
transportation system.
COVID-19 has led--shed light on many challenges facing our
Nation, including our transportation system. Last year, we saw
an increase in the number of roadway fatalities, even though
there were fewer people driving. People, especially those in
underserved areas, faced challenges accessing work, food,
health care, and vaccination centers.
As we emerge into the post-transportation--I mean, post-
COVID transportation landscape, our public policy goals are to
create a safer, more resilient, and equitable transportation
system for the American people. Deploying the intellectual
firepower of research and technology is key to tackling these
challenges. Our DOT Research and Technology agenda is in
service of our policy goals by growing our diverse
transportation workforce while fostering a learning
environment, supporting public-sector experimentation, and
providing lessons learned from innovative deployments. Also,
accelerating novel and early stage research projects and, at
the same time, enabling system-wide interoperability between
these innovations, and fostering cross-modal integration. In
accordance with the President's memorandum on Restoring Trust
in Scientific Integrity, I am committed to leading DOT research
in a way that builds trust and relies on evidence and facts.
Earlier this year, the President released the American Jobs
Plan, aimed at fixing highways, rebuilding bridges, updating
ports, airports, and transit systems. This is a once in a
lifetime capital investment in America to not only meet our
current infrastructure needs, but also invest in transformative
research and technology and development programs. These
investments will improve safety. They will also advance equity
by providing better jobs and better transportation options to
underserved communities. They will reduce the impacts of
climate change by using, actually, more sustainable materials,
strengthening the Nation's resiliency to natural disasters.
These investments will allow us to expedite our responses to
the climate crisis and move to a clean energy economy.
I look forward to working with the Committee to leverage
research and technology to create a safe, resilient, and
equitable transportation system. Thank you again for your
consideration and for the opportunity for me to appear before
you. I look forward to your questions.
[The prepared statement and biographical information of Dr.
Hampshire follows:]
Prepared Statement of Dr. Robert C. Hampshire,
Nominee to be Assistant Secretary for Research and Technology,
U.S. Department of Transportation
Chair Cantwell, Ranking Member Wicker, Members of the Committee, I
am truly honored to appear before you today as President Biden's
nominee to be the Assistant Secretary for Research and Technology at
the U.S. Department of Transportation.
I'd like to thank my wonderful wife Alexandra Murphy, who is here
today. She is a professor and a leading sociologist of poverty in the
suburbs, and my rock. I'd like to acknowledge my sisters Natasha and
Natalie, my brother Raymar, and my parents Robert and Linda Hampshire,
whose great migration from Mobile, Alabama to Lima, Ohio is my model
for faith, hope, and love in action. President Biden and Secretary
Buttigieg--thank you for your confidence in me.
Prior to January 20th, I was an associate professor at the Gerald
R. Ford School of Public Policy and the University of Michigan
Transportation Research Institute (UMTRI). There, I led a large a
multi-disciplinary team studying how transportation systems impact the
environment and equitable access to opportunities.
I am quite familiar with the research and technology programs at
the Department of Transportation. Over my career, I've received funding
from two University Transportation Centers (UTCs), funding from the
Federal Highway Administration, the DOT Small Business Innovation
Research (SBIR) program, the Federal Transit Administration, and the
National Highway Traffic Safety Administration. Additionally, at UMTRI,
I conducted research on connected vehicles and infrastructure with the
support of the Intelligent Transportation Systems Joint Program Office
(ITS JPO).
I've had the honor of working at some of the most innovative
research organizations in the world, including Bell Laboratories, IBM
T.J. Watson Research Laboratories, Carnegie Mellon University, and
visiting positions at the Massachusetts Institute of Technology and the
Institute for Advanced Studies at Princeton University. From these
experiences, I've learned not only science and engineering excellence,
but also the culture, mentoring, and community-building aspects of
leading-edge research institutions. Since January, it has been an honor
to lead a diverse, experienced, and seasoned workforce already in place
in the Office of the Assistant Secretary. Should the honor be extended
to me through this confirmation process, I am confident my experiences
and knowledge to lead this team of dedicated public servants will
ultimately benefit the present and future of our entire transportation
system.
COVID-19 has shed light on many challenges facing our Nation,
including our transportation system. Last year, we saw an increase in
the number of roadway fatalities, even though there were fewer people
driving. People, especially those in underserved areas, faced
challenges accessing work, food, health care, and vaccination centers.
We witnessed a dramatic change in commuting behavior due to a divide
between those able to work from home, and those deemed too essential to
work from home.
As we emerge into a post-COVID transportation landscape, our policy
goals are to create a safer, more resilient, and equitable
transportation system for the American people. Deploying the
intellectual firepower of DOT research and technology is key to
tackling these challenges and ensuring we are prepared for many more.
Our DOT Research and Technology agenda is in service of our policy
goals--by growing a diverse transportation workforce while fostering a
learning environment; supporting public-sector experimentation and
providing lessons learned from innovation deployments; accelerating
novel, early-stage research projects; and enabling system-wide
interoperability between innovations and fostering cross-modal
integration. In accordance with the President's memorandum on
``Restoring Trust in Government Through Scientific Integrity and
Evidence-Based Policymaking,'' I am committed to leading DOT research
in a way that builds trust and relies on evidence and facts.
Earlier this year, the President released the American Jobs Plan,
aimed at fixing highways, rebuilding bridges, and upgrading ports,
airports and transit systems. This is a once-in-a-century capital
investment in America to not only meet our current infrastructure needs
but also invest in transformative research and development programs.
These investments will improve safety. They will advance equity by
providing better jobs and better transportation options to underserved
communities--including communities of color and rural communities. They
will reduce the impacts of climate change by using more sustainable
materials and strengthen the Nation's resiliency to natural disasters.
These investments will allow us to expedite our response to the climate
crisis and move to a clean energy economy.
I look forward to working with this committee to leverage research
and technology to create a safe, resilient, and equitable
transportation system for the American people.
Thank you again for your consideration and for the opportunity to
appear before you. I look forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Robert Cornelius Hampshire.
2. Position to which nominated: Assistant Secretary for Research
and Technology, Department of Transportation.
3. Date of Nomination: April 27, 2021.
4. Address (List current place of residence and office addresses):
My current residence and office address are the same.
5. Date and Place of Birth: 8/30/78; Lima, OH.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Alexandra K. Murphy, Assistant Professor, University of
Michigan.
No children.
7. List all college and graduate degrees. Provide year and school
attended.
2001-2007
Princeton University
Ph.D. Operations Research and Financial Engineering.
1996-2001
University of Cincinnati
Bachelor of Science in Electrical Engineering
8. List all post-undergraduate employment, and highlight all
management level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
2000 Bell Laboratories--Lucent Technologies--Research Intern
2003 T.J Watson Research Labs--IBM--Research Intern
2004 T.J Watson Research Labs--IBM--Research Intern
Fall 2006--2012, 2012-2014--Carnegie Mellon University
Assistant Professor--Heinz College of Public Policy and
Management
2012-2013--Massachusetts Institute of Technology--Visiting
professor--Engineering Systems Division
2014-2018 University of Michigan, Transportation Research
Institute, Research Assistant Professor
2018-Jan 19, 2021 University of Michigan, Gerald R. Ford
School of Public Policy, Associate Professor
9. Attach a copy of your resume.
See attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Go-Op LLC, partner, 2010-2013
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, 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.
Institute of Operations Research and Management Science
(INFORMS): 2001 to present, member
Transportation Research Board--2007 to present, member
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. 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.
2008 and 2012--Volunteered for organizing, canvassing, and
phone banking, Barack Obama Presidential Campaign in
Pennsylvania.
2020--Volunteered for the Michigan Democratic Party to count
mail in and absentee ballots in Michigan.
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.
All entries here are the result of electronic searches (e.g.,
FEC.gov) and reflect the best of my recollection. Should any additional
contributions be identified, I will promptly let the Committee know.
2011--Barack Obama, U.S. Presidency: $200
2019--Morgan Harper, U.S. Congress, Ohio: $100
2020--Gary Peters, Senate, Michigan: $50
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
2012--National Science Foundation, CAREER Award
2012--National Academies of Engineering, Frontiers in
Engineering
2011--Intelligent Transportation Society of America (ITS)
Spotlight Award: ParkPGH
2011--National Academies of Engineering, Frontiers in
Engineering Education
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Publications
Please see my CV for the most up-to-date list of publications--to
the best of my ability. If additional publications are identified
following the submission of this questionnaire, I will promptly let the
Committee know.
Speeches
Please see my CV for the most up-to-date list of speeches and non
congressional hearings I have been able to compile--to the best of my
ability. If additional speeches or remarks are identified following the
submission of this questionnaire, I will promptly let the Committee
know.
18. List 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 name of an ``alias'' or ``handle'' 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.
Twitter--https://twitter.com/roberthampshire
Facebook--https://www.facebook.com/robert.c.hampshire
LinkedIn--https://www.linkedin.com/in/robert-c-hampshire-
285345107/ and
linkedin.com/in/robert-hampshire-553bl8la0
Instagram--roberthampshire
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony. None.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I believe that my background as a researcher and professor working
in the field of innovative transportation systems and policy qualifies
me for this appointment. I have conducted research and published
articles on many of the areas of responsibility for the Office of
Research and Technology including: connected and automated vehicles,
car sharing, ridesharing, and bike sharing; pedestrian and bicyle
safety models and equity analysis of transportation systems.
Furthermore, I am familiar with and have been associated with 2 U.S.
DOT funded University Transportation Centers (UTCs).
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, it is my responsibility to ensure that the Office of
Research and Technology is complaint with all of the relevant statues
governing budgeting, accounting, performance management, and financial
responsibility. I have led many funded research project teams over my
career as a professor and researcher. This included responsibility for
financial management and compliance. This experience includes large
project teams with members from academy, non-profits, and the public
sector.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
The Department of Transportation's number one priority is the
safety of the traveling public. Hence, the top challenge for the
Department of Transportation is reducing the number of people that die
in crashes. Reducing crashes is more difficult than it seems. For
example, the fatal crash rate increased during COVID despite many fewer
people travelling.
The second challenge is ensuring that the transportation system
connects all people and communities to opportunity. This is a difficult
challenge to overcome due to the many unique and diverse needs and
circumstances of the America people; from rural to urban communities.
The third challenge is creating jobs and supporting economic
growth. We must ensure that our formula and discretionary grant
programs, research and innovation, and regulatory activities are
targeted to both improve the performance of the transportation system
and to have the highest benefit for equitable economic growth and job
creation.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I maintain retirement accounts from Carnegie Mellon University and
the University of Michigan. Neither I or these institutions will
contribute to these accounts during the term of my Federal employment.
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.
I am currently on leave from my tenured faculty position at the
University of Michigan. The University is not paying me, nor
contributing to my retirement account while I serve in my current role
within DOT.
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 the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. 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 the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
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, professional association, disciplinary committee, or other
professional group? No.
If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Robert C. Hampshire
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you, Dr. Ms. Petsonk, thank you so
much for your willingness to serve in this capacity.
STATEMENT OF CAROL A. PETSONK,
NOMINEE TO BE ASSISTANT SECRETARY FOR
AVIATION AND INTERNATIONAL AFFAIRS,
U.S. DEPARTMENT OF TRANSPORTATION
Ms. Petsonk. Chair Cantwell, Ranking Member Wicker,
committee members who may be listening, I am deeply honored to
appear before you today----
The Chairwoman. Pull the microphone a little closer, yes.
Ms. Petsonk. Is that better?
The Chairwoman. Yes.
Ms. Petsonk. I am deeply honored to appear before you today
as President Biden's nominee for Assistant Secretary for
Aviation and International Affairs at the Department of
Transportation.
I would like to thank my husband, John Watts, who is with
me here today. He is a wonderful public servant and a great dad
to our fine son Nico, who is also here today. I would like to
thank my extended family who are watching from home, and the
government, industry, labor, academic, and non-governmental
experts across aviation and international trade, with whom I
have had the pleasure of working with over the years. I have so
appreciated their expertise, perspectives, and time.
I am from a small town in Pennsylvania--Altoona, where our
one gate airport was our family's gateway to the country and to
the world. I have a firsthand appreciation for this committee's
work to connect communities across America's heartland to the
national and global economy. Since January, when I began
managing the Office of Aviation and International Affairs, I
have dedicated myself to faithfully administering those
Congressionally authorized programs that achieve this very
mission--programs such as the Essential Air Service Program,
the Small Community Air Service Development Program, and the
enormously successful Open Skies initiative. Together, these
support a safe, vibrant, efficient, competitive, and resilient
aviation industry.
The portfolio of the Office touches on all the Department's
international activities. My experience in international
affairs includes serving in the Office of the U.S. Trade
Representative, the U.S. Department of Justice, the United
Nations Environment Program, and the Environmental Defense
Fund. I have participated in the interagency development of
international climate and environmental policy, and worked with
colleagues in the Departments of Justice, State, Defense, and
USTR, litigating cases of strategic importance to our Nation. I
have served as an expert observer in ICAO, the International
Civil Aviation Organization, and helped develop the landmark
CORSIA, or Carbon Offsetting and Reduction Scheme for
International Aviation.
Looking ahead, as our Nation emerges from the pandemic, I
am committed to working with Members of Congress and their
staffs, consumers, labor organizations, industry, State and
local stakeholders, and colleagues across Federal agencies
toward a stronger, more resilient transportation system.
Aviation, particularly sustainable aviation, can expand our
base of great jobs. We can unleash innovation to create new
opportunities for rural communities, for historically
disadvantaged communities. We can safely integrate drones into
the national airspace, and address climate change through
measures like those that encourage sustainable aviation fuel.
The Commerce Committee, the Congress, and the American
people have provided extraordinary assistance to the aviation
industry in its hour of need. Our challenge now is to bring the
economy safely out of the COVID crisis, help our Nation's
transportation systems navigate the new normal, and deliver the
infrastructure upgrades that are so essential to their success.
As more Americans get vaccinated, we are seeing significant
increases in domestic travel. But our international partners
are also eager to open travel with us. With safety as our north
star, the Department must lead. The incredibly dedicated team
in the Office of Aviation and International Affairs is applying
its expertise every day toward the goal of enabling Americans
to reconnect safely, here at home and with the world. We are
focused on fairness, countering discriminatory actions, and
pressing other countries to provide a level flying field for
U.S. carriers and U.S. workers.
I came to the Department inspired by my father, a brilliant
electrical engineer and a pilot. He instilled in me a love and
awe of flight and a deep desire to make things work for people.
Both my parents were deeply public-service-oriented. Their
words still ring true for me, ?You owe a debt to society. You
owe a debt to our country.? Serving as Assistant Secretary of
Transportation for Aviation and International Affairs would be
the opportunity of a lifetime to repay that debt.
If I have the honor of being confirmed, I vow to work with
you--with this committee to strengthen the aviation and
international transportation, with a goal of improving results
and opportunities for the American people.
Thank you again for the opportunity. I look forward to your
questions.
[The prepared statement and biographical information of Ms.
Petsonk follow:]
Prepared Statement of Carol A. (``Annie'') Petsonk, Nominee to be
Assistant Secretary for Aviation and International Affairs, U.S.
Department of Transportation
Chair Cantwell, Ranking Member Wicker, Members of the Committee,
I'm deeply honored to appear before you today as President Biden's
nominee for Assistant Secretary for Aviation and International Affairs
at the U.S. Department of Transportation.
I'd like to thank my husband John Watts, who is with me here today.
He is a wonderful public servant and a great dad to our fine son Nico,
who is also here today. I'd like to thank my extended family who are
watching from home. I also want to thank the government, industry,
labor, academic, and non-governmental experts across the aviation
sector and in international and trade law with whom I have had the
pleasure of working over the years--I've so appreciated their
expertise, perspectives, and time.
I grew up in the small town of Altoona, Pennsylvania, where our
one-gate airport was our family's gateway to the country--and the
world. As a result, I have first-hand appreciation for this Committee's
work to connect communities across America's heartland to the national
and global economy. Since January, when I began managing the Office of
Aviation and International Affairs, I have dedicated myself to
faithfully administering those Congressionally-authorized programs that
achieve this very mission--programs such as the Essential Air Service
Program, the Small Community Air Service Development Program, and the
hugely successful open-skies initiative. Together, these programs
support a safe, vibrant, efficient, competitive, and resilient aviation
industry.
Of course, the portfolio of the Office touches on all the
Department's international activities across the modal administrations.
My experience in international affairs includes serving in the Office
of the U.S. Trade Representative (USTR); the U.S. Department of
Justice; the United Nations Environment Programme (Nairobi); and the
Environmental Defense Fund (EDF).
In my previous Federal government service, I participated in the
interagency development of international climate and environmental
policy, and worked with colleagues in the Departments of Justice,
State, Defense, and the U.S. Trade Representative litigating cases of
strategic significance to the Executive Branch. I've also served as an
expert observer member of International Civil Aviation Organization
(ICAO) committees, helping develop standards for implementing the
landmark Carbon Offsetting and Reduction Scheme for International
Aviation (CORSIA).
Looking ahead, we must address major challenges as our Nation
emerges from the pandemic. I am committed to working across the
spectrum--with Members of Congress and their staff, consumers, labor
organizations, industry, state and local stakeholders, and our
colleagues across Federal agencies--to find pathways to a stronger,
more resilient transportation system. I believe that aviation--
particularly sustainable aviation--can expand our base of great jobs.
We can unleash innovation to create new opportunities for rural and
historically disadvantaged communities, safely enable the integration
of drones into the airspace, and address climate change through
measures such as those which incentivize greater use of sustainable
aviation fuel.
The Commerce Committee, the Congress, and the American people have
provided extraordinary assistance to the aviation industry in its hour
of need. Our challenge now is to bring the economy safely out of the
COVID crisis, help our Nation's transportation systems navigate the new
normal, and deliver the infrastructure upgrades that are so essential
to their success.
As more and more Americans get vaccinated, we're seeing significant
increases in domestic travel, but our international partners are also
eager to open travel with us. With safety as our north star, the
Department must lead. I assure you that the dedicated team in the
Office of Aviation and International Affairs is applying its expertise
every day toward the goal of enabling Americans to reconnect safely--
here at home and with the world. And we're focused on fairness--
countering discriminatory actions and pressing other countries to
provide a level flying field for U.S. carriers and their workers to
compete.
I came into the Department inspired by my father, who was a
brilliant electrical engineer and a pilot. He instilled in me a love
and awe of flight and a deep desire to make things work for people.
Both my parents were deeply public-service-oriented. They impressed
this ethos on us over and over again with words that still ring true
for me: ``You owe a debt to society. You owe a debt to our country.''
Serving as Assistant Secretary of Transportation for Aviation and
International Affairs would be the opportunity of a lifetime to repay
that debt.
If I have the honor of being confirmed, I vow to work with this
committee to strengthen the aviation and international transportation
industries and their workforces, with a goal of improving results and
opportunities for the American people. In closing, thank you again for
your consideration and the opportunity to appear before you. I look
forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Carol Annette
(``Annie'') Petsonk
2. Position to which nominated: Assistant Secretary for Aviation
and International Affairs, U.S. Department of Transportation
3. Date of Nomination: April 28, 2021
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 1200 New Jersey Avenue, SE, Washington, DC 20590.
5. Date and Place of Birth: March 5, 1957; Altoona, PA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: John W. Watts, Senior Counselor, Office of Senator Dianne
Feinstein
7. List all college and graduate degrees. Provide year and school
attended.
Juris Doctor, Harvard Law School, 1984.
Bachelor of Arts in Biology, The Colorado College, 1979.
8. list all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Managerial Experience:
U.S. Department of Transportation: Principal Deputy
Assistant Secretary for Aviation and International Affairs,
Washington, DC, January 2021 to present.
Environmental Defense Fund: International Counsel,
Washington, DC, March 1995-January 2021.
Non-Managerial Experience:
George Washington University Law School: Professorial
Lecturer in Law, Washington, DC, 1995 to present.
George Washington University Law School: Visiting Scholar,
Washington, DC, 2010-2011.
United States Department of Justice, Environment and Natural
Resources Division: Trial Attorney, Policy, Legislation and
Special litigation Section, Washington, DC, 1990-1995.
University of Maryland Law School: Adjunct Professor,
Baltimore, MD, 1993-1996.
Office of the United States Trade Representative, Executive
Office of the President: Director, Trade and Environment
Affairs, Washington, DC, 1992.
American University: Adjunct Professor, Washington, DC,
1992.
United Nations Environment Programme: Programme Officer,
Environmental Law Unit, Nairobi, Kenya, 1986-1989.
Holme, Roberts & Owen: Associate, Denver, CO, 1985-1986.
Massachusetts Appeals Court: Law Clerk to the Hon. Benjamin
V. Kaplan, Boston, MA, 1984-1985.
Goodwin, Procter & Hoar: Law Clerk, Boston, MA, 1984.
Wolf, Block, Schorr & Solis-Cohen: Law Clerk, Philadelphia,
PA, 1983.
Natural Resources Defense Council: Law Clerk, New York, NY,
1983.
Office of the City Attorney of Colorado Springs: Law Clerk,
Colorado Springs, CO, 1982.
Holme, Roberts & Owen: Law Clerk, Colorado Springs, CO,
1982.
Penrose Hospitals: Planner, Colorado Springs, CO, 1979-1981.
Poor Richard's Feed and Read: Waitress, Colorado Springs,
CO, 1979.
9. Attach a copy of your resume.
See Attachment A.
10. list any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. list all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
2814 Pleasant Valley Properties, LLC--managing partner.
(Family LLC owns a small commercial property in Altoona,
Pennsylvania)
I am a trustee of the following family trusts:
Benjamin Eisdorfer Trust
Benjamin Eisdorfer 2011 Trust
Joshua Simon Petsonk Trust
Ariel Petsonk Trust
I was a trustee of the Hope Eva Eisdorfer Trust (this trust
terminated in the past decade)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, 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.
Colorado Supreme Court Bar (inactive, dues-paying member),
1985 to present
Massachusetts Bar (active, dues-paying member), 1984 to
present
Doctors Without Borders, 1989-1990
Environmental Defense Fund (EDF), 1995-2020
Hadassah (Life Member), 1974 to present
The Nature Conservancy, 1996-2000 (approx.)
Planned Parenthood, 2019-2021
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. 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.
See Attachment B for a list of contributions responsive to this
request. All entries in the attachment are the result of electronic
searches (e.g., Foxglove) and reflect the best of my recollection.
Should any additional contributions be identified, I will promptly let
the Committee know.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Honoris Causa, The Colorado College, 2003.
Phi Beta Kappa, 1979.
National Merit Scholar, 1974.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
See Attachment C. All entries in the attachment reflect the best of
my recollection. Should any additional information be Identified, I
will promptly let the Committee know.
18. List 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 name of an ``alias'' or ``handle'' 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/annie-petsonk-29030011
(active account)
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
United States Senate, Committee on Commerce, Science, and
Transportation, June 6, 2012: ``Hearing on the European Union
Emissions Trading System (EU ETS) and S. 1956.''
https://www.commerce.senate.gov/2012/6/the-european-
union-s-emissions-trading-system
https://www.commerce.senate.gov/services/files/
50CD0734-7038-45CB-9CB0-DF5F835E8CD9
United States House of Representatives, Committee on Energy
and Commerce, Subcommittee on Energy and Air Quality, March 27,
2007: ``Climate Change International Issues, Engaging
Developing Countries.''
https://www.govinfo.gov/content/pkg/CHRG-110hhrg37453/
html/CHRG-110hhrg37453.htm
http://energycommerce.house.gov/images/stories/
Documents/Hearings/PDF/110-eaq-hrg.032707.Petsonk-
testimony.pdf
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
My father was an electrical engineer and a pilot. He instilled in
me a love and awe of flight, and a deep desire to make things work. I
adored going with him to the small but mighty Altoona/Blair County
Airport (symbol: AOO), where we went right out onto the tarmac to board
the planes, which all departed from ``Gate 1.'' I have great
appreciation for the work of Congress in directing the Department to
ensure that communities like Altoona are served through programs such
as the Small Community Air Service Development Program (SCASDAP) and
the Essential Air Services (EAS) Program. Having grown up in a small
town but also lived overseas and worked In international negotiations,
it's particularly exciting for me that the work of the Department
overseen by the Assistant Secretary of Transportation for Aviation and
International Affairs spans the breadth of the Department's
international portfolio as well as the economic framework established
by Congress to foster a vibrant and efficient U.S. aviation sector
serving communities large and small.
My qualifications for this role include thirty-five years of
experience working in International affairs, with more than twenty
years in international aviation law and policy; two and half decades of
teaching in the field of international law; and a half decade in the
Executive Branch in international law-related positions that required
close coordination with the Legislative Branch.
Throughout my career I have valued bipartisanship, from working on
the Montreal Protocol on the Ozone Layer, championed by President
Reagan's Secretary of State, George Schultz, to helping develop a
global approach to aviation emissions as called for in legislation
spearheaded by Senators John Thune and John Kerry. I joined the
Environment and Natural Resources Division of the U.S. Justice
Department in 1990 to work under the leadership of Assistant Attorney
General Richard B. Stewart, in the Administration of President George
H.W. Bush. My experience at DOJ developing the Division's international
focus, coordinating with the Antitrust Division, litigating cases of
international policy significance, reviewing every piece of proposed
legislation touching international environmental considerations,
representing the Department in interagency policy development, and--on
detail to the U.S. Trade Representative's office (USTR)-representing
USTR on the U.S. delegation to the Earth Summit in Rio de Janeiro, gave
me insights into and practical experience with the kinds of
international negotiations, interagency processes, and relationships
with Congress that are so crucial to DOT's Office of Aviation and
International Affairs. My work spanning UNEP, DOJ, USTR, and EDF,
facilitating treaty negotiations, developing international instruments
in aviation and other fields, and coordinating with committees of
jurisdiction, including this Committee, have given me a depth of
experience upon which to draw in leading and inspiring the work of the
extraordinarily talented career staff at DOT.
I began in the field of aviation in the mid-1990s, coordinating
with the National Aeronautical and Space Administration (NASA) on a
series of meetings held in Virginia Beach, cosponsored by the FAA and
international partners, to bring together distinguished scientists to
identify and characterize the effects of the aerospace sector on the
global atmosphere. Those meetings provided input into what became the
first sectoral analysis undertaken by the Intergovernmental Panel on
Climate Change, the 1999 IPCC Special Report on Aviation and the Global
Atmosphere. I co-authored one of the first papers on the development,
in ICAO, of a multilateral approach to addressing climate-damaging
emissions--an approach that has, to a considerable degree, been
incorporated into ICAO's Carbon Offsetting and Reduction Scheme for
International Aviation (CORSIA), negotiated by State, FAA, and DOT
pursuant to authority specified by Congress in 2012.
From 2013 to 2020, I participated as an expert observer in meetings
of the International Civil Aviation Organization, including its
Committee on Aviation Environmental Protection and its Assembly, on the
development of CORSIA and Its implementing provisions, a number of
which address Sustainable Aviation Fuel (SAF). This gave me experience
with the work of ICAO and the role of the United States in ICAO, the
aviation economic frameworks established by Congress, and the effect of
disrupters like the OVID crisis as--with the help of the Department,
this Committee, and the Congress--the aviation sector seeks to recover
and help the Nation and the world recover from the pandemic.
My experiences living in many different places in the United States
and around the world, and working as a career Federal civil servant as
well as in various other capacities, give me the ability to relate to
the Department's diverse career staff to help them build on their
terrific expertise and strengths as a team to further the mission of
the Department.
My parents were deeply public-service-oriented. My father impressed
on us over and over again, ``you owe a debt to society.'' Serving as
Assistant Secretary of Transportation for Aviation and International
Affairs would be the privilege of a lifetime to try to repay that debt.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Upholding the Department's integrity is the solemn responsibility
this Committee has entrusted to the senior leadership of the Department
of Transportation.
It's an honor to build together with the extremely well qualified
and highly professional team of dedicated civil servants at the
Department to ensure that the Department has the proper controls and so
maintains the trust of the American people, the Congress, and this
Committee.
If confirmed, my previous experience coordinating international
matters across the ``largest environmental law firm in the country''--
the U.S. Department of Justice's Environment and Natural Resources
Division--and directing a multimillion dollar program with full-time
staff and consultants in a challenging and fast-paced environment at
EDF, will stand me in good stead in managing the Office of Aviation and
International Affairs at DOT.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
Safety is and must always be the Department's North Star. The
Office of Aviation and International Affairs must work closely with the
other offices and modes to help advance the application of new
technologies while maintaining the highest levels of safety. In
evaluating the economic aspects of these new technologies, from
electrification to unmanned aircraft systems to automated and connected
vehicles, it's a privilege to work with the top-notch professionals in
the Office of Aviation and International Affairs. If confirmed I would
be grateful to continue and extend our work to further the efficiency
and effectiveness of our transportation system.
The Department plays an important set of roles in COVID recovery,
from instituting measures to safeguard our Nation's transportation
systems, including our air transport system, to helping make vaccines
widely available for transportation workers and the broader public.
Congress has taken extraordinary steps to help the aviation sector
recover from the gut-punch of the pandemic. How customer needs for
transportation will change in response is not yet clear. We in the
Office of Aviation and International Affairs must work closely with the
sector, maintaining clear lines of communication with interested
consumer, labor, and industry stakeholders, to help the sector
anticipate and adapt to the new normal.
That will also entail helping the sector in its efforts to place
climate and equity at the core of its rebuilding. The aviation sector
recognizes that these are crucial to its long-term durability. We are
seeing companies make new commitments and seek new partnerships with
the Federal government. If confirmed, I would be honored to use my
experience at the intersection of aviation, climate, and international
affairs to help lead the sector to a more sustainable recovery.
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.
My 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 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 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 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.
In 2012, I testified in Congress opposing, or in the alternative
recommending modifications of, S. 1956, in order to ensure that the
liability incurred by U.S. airlines if they were prohibited from
complying with European law, would not fall on U.S. taxpayers. In
response, Senator Benjamin Cardin introduced an amendment to the bill,
which was adopted, to ensure that U.S. taxpayers would not face that
liability.
In March 2020, I recommended that in enacting legislation to
provide payroll support to U.S. airlines suffering the impacts of the
pandemic, Congress consider not only placing minimum air service
obligations on airlines, but also committing the carriers to limit and
reduce their greenhouse gas emissions. This recommendation was not
adopted; however, in March 2021, U.S. airlines announced a commitment
to net-zero emissions by 2050, provided the U.S. government supports
them in meeting that commitment.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you. We are expecting votes shortly,
so I hope that the Ranking Member and I can get through a round
of questions. And then, we will probably take a short recess to
come back and have questions from other members, since we are
having a couple of tight votes this morning.
But let me first start--I have many questions for all of
you. So, I will not get through those. But I do have a question
that, literally, I think applies to all of you, across the
transportation sector.
I agree, Ms. Petsonk, about safety. It is the most
important aspect of, I believe, where we are today. I think we
have a variety of trends facing us. We have, obviously,
automation in our transportation sector that is across the
board of all the interests represented at the table, here, and
the diversity of our transportation system. And we have the
human factor interface of automation and transportation. So, as
automation increases, so do the risks with human factors.
Nothing says that more that the incidents of the 737 Max and
what happened.
And we have another trend, Ms. Petsonk that you represent
most, which is the globalization and what is the rest of the
world doing on that. So, we--as, you know, someone said, if you
want to be the leaders in aviation, you need to be the leaders
in aviation safety. So, we want these standards to be met
around the globe. And we want to be the leaders in this,
including having the right work force.
So, I would like to ask each of you, what are the one or
two changes that you think we need to make to assure that we
are giving the due diligence to this issue of automation,
safety, and work force, as it relates to making the United
States the leaders here, and not--and not laggers? And
certainly not adhering to a lower standard on the international
front. We want to have the best standard on the international
front and lead the way on that discussion.
So, if you could just--one or two things that you think we
need to do to help with that.
Hon. Homendy. Yes, I think we need to design our systems in
a way that prevents human error and takes into account human
performance. But then, I also think that we need a strong
safety foundation. We need safety standards, safety measure
that are in place. Whether it is on our roads, whether it is
automated vehicles, whether it is in aviation, you have to have
that framework in place as technology is implemented.
The Chairwoman. So, standards and the first thing you said
was----
Hon. Homendy. Standards, especially in road safety. We have
to design our system to--in a way that creates a system to
prevent a driver from making an error in the first place. So
much focus has been on driver behavior and how to try--how to
change driver behavior. And I am referring just to road safety
here, but we have to create a system that prevents that in the
first place. That is something that aviation industry has
championed in, their human factors experts have found and
advocate for and try to create systems that are--that are
designed around preventing human error.
The Chairwoman. Thank you. Thank you. Ms. Hedlund--and we
have to go a little faster here, sorry.
Ms. Hedlund. All right, thank you. When I was at FRA,
certainly safety was its absolutely, number one concern. And we
would begin weekly staff meetings, unfortunately, sometimes the
resuscitation of workers who might have died the week before.
But let me speak to a development in the freight world. We
have the best freight system in the world. And as a result of
technology, the freight lines have gone to something called
Precision Scheduled Railroading. It is a model adopted by
virtually all the Class I's, but the shippers have found it
disruptive. And the communities--one aspect of this is running
long trains. We now have, sometimes, trains that are three
miles long and we do not have sidings that are three miles
long.
So, as a Board member, I am going to commit to assure that
there is appropriate remedial action taken whenever it is
warranted.
The Chairwoman. Thank you. Dr. Hampshire.
Dr. Hampshire. Yes, Chair, thank you for the question. I
was actually a faculty member in a human factors group around
transportation automation, so this hits home for me. Within the
Office of Research and Technology is the Volpe Center.
The Chairwoman. Yep.
Dr. Hampshire. Which does--we do research on--we have a big
human factors group. And so, there, again, continuing to do
research about behaviors, human interaction with automation. I
think there is more to be done, both at the human factors level
and also, in Office of Research and Technology is the Highly
Automated Safety Systems Center of Excellence, which Congress
created and authorized to help us create a workforce and
capacity building within the Department of Transportation, that
is cross-modal.
So, the bottom line is cross-modal learning. You know, the
transportation system has a lot of expertise across, from
aviation to rail and we can learn from that.
The Chairwoman. Thank you. Ms. Petsonk.
Ms. Petsonk. Thank you, Chair Cantwell, for the question.
And you were focused, also, on the international aspect and for
that, the Office of Aviation and International Service--and
International Affairs works with our partners in the
Department, including the FAA--which has the lead for aviation
safety--and with our colleagues in the Office of Research, to
bring the research and results into the standardization bodies,
like the International Civil Aviation Organization and the
World Forum for Harmonization of Vehicle Regulations. So that
we can work with our partners around the world, to ensure that,
not only are there high levels of standards globally, but that
there is an opportunity for American technologies and American
innovations to compete under those standards.
The Chairwoman. Thank you. I would like a little more
refinement on that, but since I have got to go to my
colleagues--So, think about what one or two changes you think
we need to implement now to gain that, because we are not going
to tolerate a race to the bottom for ICAO. We are not going to
go to the international community and agree that, since
somebody can do way more automation in planes because they
think that that requires less pilot training. We want to go to
ICAO with the system that has redundancy. Senator Wicker.
Senator Wicker. Madam Chair, we have had very excellent
testimony this morning. And yes, witnesses are encouraged to
supplement their answers on the record and be given an
opportunity to do that.
Ms. Hedlund, you went ahead and mentioned Gulf Coast rail.
And, of course, it would be inappropriate for you to comment on
something that you will have to take a fresh look at, should
you be confirmed. But in March of this year, Amtrak filed a
petition with the STB, seeking access to CSX Transportation and
Norfolk Southern lines, for twice daily service between New
Orleans and Mobile. Of course, that includes three--of the
three coastal counties in the state of Mississippi.
The statute contains multiple references to reasonableness
and that is where members of the Board will have to make a
determination. I believe the--some of the operative words are,
``reasonable terms and compensation for using the facilities
and providing the services.'' There is a balancing act that
members of the STB will have to perform. There are multiple
interests. There is certainly the interest of the freight
railroads and their stockholders, shippers, Amtrak and
passengers.
Now, I had a visit, just last week, from the mayor of our
most populous city on the Gulf Coast--Biloxi, Mississippi. And
I can't tell you how excited he is and the excitement that he
expressed about the jobs and the tourism dollars that the
consummation of this petition would mean, not only for Biloxi,
but for the entire Gulf Coast. Tomorrow I will be meeting with
the mayor of the second-most populous city, Gulfport, when,
actually, Secretary Raimondo and I will be on the Gulf Coast
and in South Mississippi for matters dealing with the Commerce
Department.
How do you balance these groups? The rails have a way of
saying, oh, sure, you can certainly--we will follow the statute
but give us several years to get the rails exactly how we think
they should be. And also, by the way, we will give you a
schedule that, in my judgment and the judgment of experts, is
likely not to succeed and to be terminated for lack of
participation.
So, how do we--without talking about this specific case,
how do you balance those interests and comply with the
reasonable terms and compensation language in the statute?
Ms. Hedlund. Well, Senator, one of the most important
things you have to do is really get into the facts. What are
their needs? What are the infrastructure improvements that are
absolutely necessary to add a couple of passenger trains? And
one of the things that I will do, on the Board, is to insist
that the railroads are completely transparent with us, with
respect to their costs and their schedules and their needs and
their prospects, so we can balance everybody's interests.
It is not an easy exercise. In this case, it is one that
has gone on entirely too long. So, we are going to really dig
into it and see if we can get to a reasonable solution to this
that is very, very important to the Gulf Coast. There is no
reason that, if you are in Biloxi you should have to fly to
Atlanta to get to New Orleans and that is the case today. So,
we know how important it is and we are going to work very hard
on it.
Senator Wicker. I am sure you had a good visit to Mobile.
Ms. Hedlund. Yes.
Senator Wicker. Six or seven years ago, in a different
capacity. Hope you would be willing to visit the three
counties----
Ms. Hedlund. Absolutely.
Senator Wicker.--on the Gulf Coast of Mississippi.
Ms. Hedlund. I look forward to it.
Senator Wicker. Thank you. I yield back, Madam Chair.
The Chairwoman. Well, we are still waiting for the vote to
actually start, so--and we are waiting for one of our
colleagues who is going to come and ask a question. But I will
just throw it back out that, in our questions, one of the
things that I hope you will think about is to my question about
safety, is this issue of training.
So, I do not think--I do not think a lot of--I am worried
about our regulators. Obviously, the MAX showed deficiency in
the regulators requiring the amount of training to be done. So,
what--what do we need to do to help on the standards side of
automation and training that highlights the fact that this is--
this needs to be a priority? The reason I am bringing this up--
and not just the MAXs, Ms. Hedlund, when I look at what
happened on the derailment in DuPont. The same scenario, a lack
of training and situational awareness in that system, also. You
know, we had pretty significant derailment that, obviously,
impacted and caused a loss of life.
So, I think this is--I think what we are--we are missing
here, is almost, like, agencies being able to keep up with
this. And so, what do we need to do to set the standards on
training on automation, that we are keeping an awareness for
the agencies, so that we can do our oversight role of these
agencies. So----
But I will take that for the record and give you some
thought. Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Madam Chair, and thank you to
each of our witnesses for being--or I should say our nominees,
excuse me--our nominees for being here today, and appreciate
your willingness to serve.
Ms. Homendy, one of the NTSB's top safety priorities is to
prevent drunk and impaired driving. The NTSB reports that
driving under the influence of alcohol or drugs is currently
the leading cause of crashes and that, in 2019, 1 in 4 traffic
fatalities resulted from crashes involving alcohol impaired
drivers.
In April, I chaired a hearing about the future of auto
industry, where we heard from Rana Abbas Taylor, a Michigander
who lost her sister, her brother-in-law, and their three
children in a horrific and just tragic accident on the highway.
Ms. Abbas Taylor advocated passionately for passing the RIDE
Act. It is a bill introduced by Senators Lujan and Scott, that
I was proud to be a co-sponsor. This legislation would require
new cars to be equipped with technology to prevent drunk
driving. Just last week, this committee passed the RIDE Act, as
part of the Surface Transportation Reauthorization.
So, my question to you, ma'am, is can you commit on the
RIDE Act--on what the RIDE Act would mean, in terms of ending
drunk driving, if it is ultimately signed into law? And what
additional policies we should consider here in Congress, to
combat drunk driving on our highways?
Ms. Hedlund. Thank you, Senator Peters, for that question.
And my heart goes out to the Abbas Taylor family. I strongly
support in-vehicle technology to prevent drunk driving, and so
does the NTSB. We have had recommendations since 2012 and 2013
on in-vehicle safety technology to prevent drunk driving. Ten
thousand people die on our Nation's roads due to impaired
driving. So, I really appreciate your committee's efforts to
work on this.
I think, in addition to that--and I will say, the IAHS did
an incredible report recently, that stated that up to 9,400
lives would be saved if that technology was implemented. In the
meantime, we need to maintain efforts to change BAC levels at
the State--BAC cutoff levels at the State level, to .05. And we
also have recommendations on ignition interlocks and, of
course, high visibility, fair and just enforcement.
But I do strongly support the in-vehicle safety technology
to prevent drunk driving, and I think technology can go a long
way to preventing fatalities on our Nation's roads. Thank you.
Senator Peters. Well, wonderful. We will look forward to
working with you, if confirmed.
Dr. Hampshire, last month President Biden traveled to an
electric vehicle plant, in my home state of Michigan and he
declared, ``The future of the auto industry is electric''. And
I certainly could not agree more, and I am excited to work with
the Biden Administration to make that vision a reality.
In looking into the future, we know that the cars will not
be only electric, they will also be autonomous. And if we want
to continue being the mobility capital of the world, here in
the United States, we must promote the adoption of electric
vehicles, while also, simultaneously, enabling the safe testing
and deployment of autonomous vehicles, as well. We certainly
cannot afford competitors, like the Chinese, to seize this
opportunity. And we have to be very clear, make no mistake,
China's is doing everything they can, in order to advance that
technology and be the world leader. I am a--I am a believer
that, with the right policies in place, we will win this race.
We have to the political will to do that.
And it is also essential to fighting climate change, as we
electrify and put the autonomous together in creating millions
of good paying jobs and continuing to expand the American
middle-class. I think it was the auto industry that actually
created the American middle-class, at the beginning of the last
century.
So, Dr. Hampshire, my question for you, if confirmed, would
you commit to supporting robust research efforts to foster the
development of autonomous vehicles, as well as electric
vehicles in the U.S.? And do you have any comment on how
Federal Government can collaborate with the private sector to
ensure that the research that we conduct today leads to
products and innovations that are manufactured here, in the
United States of America?
Dr. Hampshire. Thank you, Senator Peters, for that
question. So, in Michigan, at the University of Michigan, I
have certainly done testing on automated vehicles and connected
vehicles at M City, which is public-private partnership with
industry. And so, within the Department we certainly make sure
it is safe deployment of automation in a way that creates high-
paying American jobs and that is a priority that we have been
working on. And if confirmed, will, you know, continue to work
with your office and the rest of the DOT to accomplish that.
Senator Peters. Right. Thank you very much. Thank you,
Madam Chair.
The Chairwoman. Thank you. Senator Fischer.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Madam Chairman. And thank you
to our nominees for putting yourselves forward to serve this
country.
Ms. Petsonk--I hope I pronounce your name correctly--the
Essential Air Service Program ensures critical air service
remains available to communities across Nebraska and across
this country. Without support of the EAS Program, these
communities would struggle to provide air service for our
constituents. If confirmed, will you work to ensure the success
of the EAS Program, so that it can continue supporting
communities across Nebraska and across the United States?
Ms. Petsonk. Thank you very much, Senator, for the
question. Absolutely, I will. I come from a small community
that is now served by EAS. I am very well aware of the
importance of the Essential Air Service Program in connecting
our communities.
Senator Fischer. Thank you very much. Ms. Hedlund, give
your previous experience at the FRA, I am interested in knowing
your thoughts on benefit-cost analysis for regulatory
proceedings. Do you think that benefit-cost analysis, or
regulatory impact analysis, are useful in their regulatory
process? And additionally, in your experience, did you find
this to be a resource intensive program to develop?
Ms. Hedlund. Benefit-cost analysis was applied to
regulations adopted by the Department of Transportation. They
did a pretty good job of that. We always need to understand
whether we are imposing regulations where the cost of complying
with them, not just the paperwork cost, but exceeds, really,
the benefits.
And the important thing is to develop the factors that you
are looking at. We applied benefit-cost analysis, also, to
grant programs and I think, in those programs, the factors that
were considered were probably too narrow. When we went through
an exercise on the Cascadia Project, recently, and we looked at
just how the DOT looks at things, it is very hard to get above
one, for a transit or a rail project. But when you look at the
economic impacts--well, the wider economic impacts are huge.
But for regulations, just to get back to the point, the
important thing is to make sure you are looking at the right
factors.
Senator Fischer. I know that you have experience both in
the public and the private sectors working on freight and
intercity passenger rail projects.
Ms. Hedlund. Right.
Senator Fischer. And you also noted, in your questionnaire,
that you would work to fulfill the STB's role in ensuring a
robust freight and passenger rail system. In your view, what is
the STB's role in resolving disputes between freight and
passenger railroads? And what factors should the STB consider
during those proceedings?
Ms. Hedlund. Well, as--as a result of the FRA's finally
issuing the metrics and standards for Amtrak, disputes between
Amtrak and the host as to on-time performance will be coming
before the STB. And, you know, we will be taking a very careful
look at that. I cannot, you know, comment on it sitting here
today, but that is going to be one of the--the big challenges
the Board will be facing in the future.
Senator Fischer. Ms. Hedlund, I enjoyed our conversation
that we had before the hearing. And we talked about the ongoing
freight congestions that we've seen and the bottlenecks that
are affecting transportation providers and shippers across this
country, including those in the agriculture industry. What do
you view as STB's role in addressing the current freight
backlog?
Ms. Hedlund. Well, it is not clear what the extent of our
jurisdiction is, in order to solve that problem. The railroads
are part of a larger transportation network. We have--there are
issues with respect to shipments coming from abroad. There are
issues with respect to the trucking industry and shortage of
drivers and drayage. And so, I think the role of the STB is to
gather information and to work collaboratively with other parts
of the government to see if we can solve this problem.
It is a very, very serious issue. You have seen, you know,
pictures of 40 tankers out there in the Port of L.A. and Long
Beach waiting to, you know, unload their containers to be sped
through the Alameda Corridor, which I worked on as a younger
lawyer. Worked on the contracting for that.
But I was--I was at the beach with my grandkids this
weekend and out there in the Port of New York, there were all
these tankers sitting out there and I am thinking, hmm, I
wonder what is going on. And inland--our inland ports are also
having problems. I am sure, as the Ranking Member is aware, you
know, just up the road from where he lives in Memphis, there is
a terrible problem in Memphis. And the STB has been hearing
from the Chamber in Memphis about, you know, ``Can you help us
solve this problem?''
So, we have a limited role but certainly an important one,
in terms of data collection and then, providing whatever
expertise we can, helping other agencies work together to solve
the problem.
Senator Fischer. Thank you very much. Thank you, Madam
Chair.
The Chairwoman. Well, thank you. So, just on that point, as
I--as I mentioned in my previous opening statement, this issue
is, in my opinion, about a growing economic opportunity to the
United States, which is 95 percent of consumers live outside
the United States, and if we want to ship and maintain our
competitiveness, keeping our port infrastructure competitive is
a very big issue. And so, one of the reasons why we have so
many components in the Surface Transportation Act focusing on
that, but clearly we need to do more.
So, the votes have started. So, I think that we should be
able to recess until 11:30 and then, come back. Give our
colleagues, hopefully, time to vote on these two votes. The
first one is going to be very short because people have to get
down to the White House for a meeting. So, hopefully, the vote
will go off on time and we will be able to come back here at
11:30 and we will see you all then for further questioning.
We are in recess.
[Recess]
The Chairwoman. We will reconvene. Again, thanks to the
nominees for your indulgence in our Senate voting schedule. We
will, hopefully, have a chance for other colleagues to ask
questions. I wanted to start, I think, with Senator Klobuchar,
if she is----
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Yes, I am here.
The Chairwoman. Yes, thank you.
Senator Klobuchar. OK. Thank you so much, Chairman. And I
want to start out with you, Ms. Homendy. Congratulations on
your nomination.
In April, the NTSB released its 2021 Most Wanted List of
Transportation Safety Improvements, which included eliminating
distracted driving. Last week, my bill with Senators Markey and
Blumenthal to--the SAFE TO DRIVE Act, to help ensure that more
states are eligible for the grants under this program, passed
as part of another bill.
If confirmed, could you talk about your plans on distracted
driving? You know, it is responsible now for more than 58
percent of teen crashes, something I do not think people
thought was possible until we got our handheld devices. But
that is a fact. So, could you address that? Thank you.
Hon. Homendy. Yes, and Senator, thank you for your
leadership on distracted driving. It is a critical safety issue
and one that is on our Most Wanted List of Transportation
Safety Improvements. And we have several recommendations to
prevent distracted driving, including strengthening State laws.
So, the Board works actively in states to improve State laws,
including on distraction, to prevent distracted driving.
So, I am happy to work with you and your office going
forward to ensure your concerns are addressed and that we are
able to help you in your efforts to move this issue forward.
Senator Klobuchar. And I talked to the Secretary--to
Secretary Buttigieg about this, actually, because I think it--
the time has come to make this a priority, again, when you look
at the numbers.
I have a question on blocked rail crossings that I will ask
you on the record, because of what we have seen with the delay
to emergency vehicles.
The other thing I want to get to is the--with you, Ms.
Hedlund, and again, congratulations to you--is the issue of
captive shippers. We still have this going on where shippers
are only--where companies, small businesses often, are only
served by one railroad, and sometimes it is the last leg of a
route that makes it so expensive. These shippers can face
increased costs in getting their products to market, whether
they are shipping grain or paper. What steps would you take to
ensure captive shippers have access to competitive rates, as a
member of the Board?
Ms. Hedlund. Well, the Board, Senator, does have some tools
in the toolbox to address the issue. And I certainly look
forward to working with Chairman Oberman and other members of
the Board on solving this problem. We can look at things like,
reciprocal switching and competitive access. I know reciprocal
switching is a very contentious issue with the railroads, but
there are ways to address it and I will--I look forward to
working with the Board on solving some of these issues.
Senator Klobuchar. OK, very good, thank you. Ms. Petsonk,
smaller regional airports, as you know, provide such a vital
link in the Chair's state of Washington, in the state of
Minnesota, to the rest of the world. And we have a major hub we
are proud of in the Twin Cities, our airport, but we also have
many smaller airports, as well. And the EAS helps maintain the
operations of those regional airports.
Can you speak to how your experience administering the EAS
program will help you in the role for which you are nominated?
And how will you improve the program for rural communities?
Ms. Petsonk. Thank you very much, Senator. Coming from a
small community myself, a community that now is served in the
EAS Program, I am well aware of the need to keep our small
communities connected to our Nation and the world. And so, I
strongly support the EAS Program and will work with my
colleagues--my dedicated colleagues in the Office of Aviation
and International Affairs to keep that program running and
running efficiently.
Senator Klobuchar. OK, and then, last, it is clear that
renewable fuels are a key pathway to decarbonizing our
transportation sector, while also driving economic growth. I
personally think we should be investing in the farmers and the
workers in the Midwest instead of the oil czars of the Mideast.
And our renewable fuels offer this opportunity to reduce
emissions. There was a big study that just came out of someone
at Harvard, showing the differences that you could see with
renewable fuels versus oil.
In your view, how could additional incentives for the
development and production of sustainable aviation fuel help
grow the market and increase available supply?
Ms. Petsonk. Thank you, Senator. I am very glad that you
are interested in this important issue, as am I, and as are we
at the Department. We think that sustainable aviation fuels
which, on a life cycle basis can reduce greenhouse gas
emissions from aviation, are a key part of the effort to
decarbonize aviation in the United States and globally.
The American Jobs Plan includes a proposal for a Blender's
tax credit that would help reduce the cost differential between
conventional fuels and sustainable fuels. And those are the
kinds of tools that we think are going to be very useful, both
to increase demand for the fuels, and increase the supply.
Senator Klobuchar. OK, very good. Thank you very much.
Appreciate it.
The Chairwoman. Thank you. Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Madam Chair. And just to raise
a, kind of, counterpoint. The Biden Administration seems to be
favoring Russian energy producers and Russian oil and gas
workers over American oil and gas workers. I happen to have a
lot of American oil and gas workers who are great Americans,
who produce a really important product. So, I am good friends
with Senator Klobuchar, but I don't want this analogy taken too
far. The men and women who produce oil and gas in America are
great Americans that have made this country strong for decades
and we can't put them out of work or favor them over Russian
oil and gas workers. Would you agree with that, Ms. Petsonk?
Ms. Petsonk. Yes, thank you, Senator Sullivan. Yes.
Senator Sullivan. And we still need jet fuel, right?
Ms. Petsonk. Yes, in fact, sustainable aviation fuel today
is less than 1 percent--it is a fraction of 1 percent of our
total fuel supply. So, the transition is going to be a long
one.
Senator Sullivan. Transition and we would rather get it
from American producers than Russian producers or Saudi
producers or Venezuelan producers, correct?
Ms. Petsonk. And we think that the incentives for creating
sustainable aviation----
Senator Sullivan. I'm talking about just straight up jet
fuel.
Ms. Petsonk. And producing----
Senator Sullivan. That flies our aircraft today.
Ms. Petsonk. Yes.
Senator Sullivan. Better to get it from Americans than
Russians, Saudis--right? Yes, I think the answer is yes, right?
Ms. Petsonk. Yes.
Senator Sullivan. Good. Everybody else agree with that?
There's this, kind of, madness right now that all oil and gas
workers in America are bad and maybe we can import more oil and
gas from Russia. President seems to be good to go with that. I
think it is ludicrous and I think it hurts working families in
my state and many other states.
But I am digressing here a little bit. But it's an
important issue that people seem to forget about. This
Administration seems to want to go after oil and gas workers.
And until a couple years ago, they were considered heroes who
built and made this country strong. I still think they are but,
hopefully, you guys do, too.
Let me ask, just to make the point that Senator Klobuchar
was making on Essential Air Service. You know, in Alaska, this
is really critical. Eighty-two percent of our communities are
not accessible by road. Two hundred and fifty communities--251
communities in Alaska are exclusively accessed by air.
So, can I just get your commitment again--I know you have
already given it, which I appreciate--on the Essential Air
Service Program and certainly want to have a longer discussion
with you on how really, really impactful that is in Alaska. A
lot of lower 48 communities, if you don't have Essential Air
Service, you drive to that community, but that is not the case
in my state, for most of this. So, can I get your commitment?
Again, I know you have already given that strong commitment and
I appreciate it.
Ms. Petsonk. Senator, I have had the opportunity to visit
Petersburg, Alaska and greatly appreciate the importance of
Essential Air Service to communities like Petersburg and
communities across your great state.
Senator Sullivan. Great, and I look forward to--can I get
your commitment to get up to Alaska and see these challenges
firsthand, again?
Ms. Petsonk. I would be honored.
Senator Sullivan. Good. Can I get that commitment from
everybody here, as a matter of fact?
Dr. Hampshire. Yes.
Hon. Homendy. Yes, sir.
Senator Sullivan. Great. And Ms. Homendy, congratulations,
again, on your nomination. I think you are doing a good job in
that position. You may have seen the February 2020 NTSB report
pointed to a recent 10-year period where the total accident
rate in Alaska was .35 times higher than the rest of the
country, in terms of aviation. And in 2015, the FAA required
Part 121 commercial airliners to develop a comprehensive safety
management system to improve safety for the flying public yet
stopped short of applying to all operators.
Two questions--how does--how does the NTSB envision smaller
taxis and air tour operators to be able to implement safety
management systems on par with the larger Part 121 regularly
scheduled air carriers? And are safety management systems
scalable? I am very, very, very focused on improving air safety
in Alaska, but want to ensure our operators in the FAA are
getting usable and practical suggestions on this important
issue.
Hon. Homendy. Well, thank you for the questions, Senator.
And--and I do know how critical aviation is to your State, even
for the delivering of goods and medical necessities, and
supplies and mail. So, I appreciate your being a champion for
aviation safety in Alaska.
SMS, as you mentioned, is on our Most Wanted List and it is
scalable by size and scope. In fact, the FAA does have some
wonderful information on their website, under Voluntary Safety
Reporting for much smaller operators. We have encountered
operators where there are one or two people for an entire
company. And they focus, mainly, on identifying risks, hazards
to operations, and then, actively--after identifying those
hazards, then addressing those hazards proactively.
So, those are two portions of safety management that they
can do. And FAA is experienced in working with smaller
operators to make sure that they can consider their size and
scope.
Senator Sullivan. Good. Thank you very much. Thank you,
Madam Chair. And I will have a few more questions for the
record.
The Chairwoman. Thank you. Thank you, Senator Sullivan.
Senator Blackburn.
Senator Rosen. Madam Chair?
The Chairwoman. Senator Rosen.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Thank you. Thank you, Madam Chair,
appreciate it and appreciate all the nominees here today for
your prior service and willingness to serve here.
I would like to speak a little bit about nuclear waste
disposal. So, Ms. Homendy, as Chair of the National
Transportation Safety Board, you would be in charge of
investigating the release of hazardous materials that occurs
during their transportation. For Nevadans, the transportation
of hazardous waste to our state is something we have been
fighting since the 1980s. For over 30 years, we have opposed
the Yucca Mountain Nuclear Waste Disposal Project, in part
because it would require transporting nearly 9,500 rail casks
of hazardous, radioactive waste in 2,800 trains and in 2,650
trucks from across the country to Nevada. It is a major
transportation safety crisis waiting to happen, putting major
metropolitan areas in 44 states--44 states, their freeways,
their railways--railways, excuse me--and millions of Americans
at risk.
In this proposal, it is not only dangerous, it is actually
unrealistic. It would require at least 300 new miles of
railroad and then, take over 50 years to move the current
volume of nuclear waste, as I just described. We already have
an aging rail system and a consistent shipping of heavy casks
of nuclear waste will cause undue wear and tear on our
railroads and may have an economic--an economic impact on our
commercial rail, as well.
So, Ms. Homendy, will you consider my transportation safety
concerns and the concerns of Nevadans who do not want their
home to be a ground for nuclear waste? We do not want dumping
of nuclear waste in Nevada. We do not want it along highways
across this country. We do not want it along railways across
this country. And if any issues about Yucca Mountain come
before you, will you work with our delegation?
Hon. Homendy. Absolutely, Senator. I understand how
passionate you are about this issue and I will absolutely work
with your delegation.
Senator Rosen. Thank you and I hope we can pull together
those other 44 states that are impacted, as well, and we can
shed some light on that. But if they do go on trains, I want to
ask you this question. Are positive rail control systems, are
they required for trains that are going to carry nuclear waste?
And if not, do you think it would be beneficial to apply them
to the trains before transporting this dangerous nuclear waste
across, again, 44 states for 50 years? That would be, actually,
three loads a week, truck or rail, for 50 years, 44 states.
Hon. Homendy. Thank you, Senator. The requirements for
positive train control were for passenger rail lines and for
poisonous by inhalation, but they were not required for nuclear
waste lines. So, that is not a requirement.
I will say the railroads would probably respond and say
that they have a number of areas, outside of those two areas
that are covered by positive train control, just given the
nature of their routes. However, if nuclear waste goes on lower
density lines, you could have an issue. And there remains
concerns, at least for us that, below 20 miles per hour,
positive train control is not--cannot be activated on trains
right now. But it is a concern if you start looking at nuclear
waste transportation.
Senator Rosen. Well, I hope it is something that we will
not have to address, but I would like to speak with you about
it, if that issue comes up.
And I would just like to, in the minute I have left, talk a
little bit about emerging transportation technology because
Nevada is known as the Innovation State. We are home to cutting
edge innovation transportation technologies. It includes
hosting the only statewide FAA authorized drone test site. We
participate in several autonomous vehicle and smart
transportation pilot projects and we support electric vehicle
infrastructure and its deployment. We are also home to the
Hyperloop One test bed.
So, Mr. Hampshire, the Department of Transportation Guiding
Principles include safety, economic strength, creating good
paying jobs, equitable access to opportunity, resilience,
addressing climate change, and transformative infrastructure.
Can you share your thought on how, under your leadership, the
Office of the Assistant Secretary for Research and Technology
will balance these principles, while encouraging innovation and
cutting-edge technology in our transportation sector, like we
are doing in the state of Nevada?
Dr. Hampshire. Thank you, Senator, for that really
important question and Nevada's leadership in this--on this
topic.
Within the Department and the Research and Technology, you
know, technology is in the name. But we want to ensure that
these technologies are, again, safe and help create high paying
American jobs. And so, we are, you know, continue to push
forward on that, be it, you know, UAS, be it AVs, electric
vehicles. We are wanting to work and do additional research to
make sure that it is safe and equitable.
So, thank you for that question.
Senator Rosen. Thank you. Madam Chair, I--my time has
expired.
The Chairwoman. I am not sure if we have anybody else
joining us. I just want to put that out there to members who
might be thinking about joining us remotely. If not, I am going
to ask a last question back to you, Ms. Petsonk, about the
things we need to do internationally on aviation.
As I mentioned in our questioning before, what do we need
to do to keep this standard internationally. One of the things
that we are worried about, as the rest of the world continues
to innovate, to look at aviation, to get in the aviation
business, let us just say, it is one thing that a lot of
developing countries look for. Let us get an airline. Let us
get in the airline business. And obviously, we need standards
as the rest of the world continues to move more toward aviation
infrastructure.
So, one of the concepts is that we should make planes
easier to operate because, obviously, automation can give you
some safety standards. But some people look at it as a way to
avoid pilot training. And I think we, in the United States,
have come to the conclusion that you need both--that you need
automation, and you need human factors to understand that
automation, but you also need redundancy. That if you turn off
the technology, people know how to fly the plane.
So, where do you think we need to be on this, as it relates
to ICAO and what we would be advocating for internationally?
Ms. Petsonk. Thank you, Senator, and we share your concern
for safety. As Secretary Buttigieg says, safety is our north
star. I--we were--my office, the Office of Aviation and
International Affairs, works closely with the Federal Aviation
Administration--the FAA--which has the lead on safety across
our Department and we are also in touch with our team at ICAO.
I speak with them on a daily basis. And so, we understand the
importance of working at ICAO and the challenges there, in
terms of working there on the standards. And I pledge to you
that I will work closely with FAA and with our team at ICAO on
this, going forward.
The Chairwoman. Ms. Homendy, do you have a comment here?
Could you help out Ms. Petsonk on this? Because I think we are
trying to get more of a commitment from the Administration that
we are going to--I do not--I am not sure where everybody in the
Administration is, but certainly the Transportation Secretary
should make a commitment that the United States is going to
advocate for pilot redundancy and that is what we should be
articulating at an international level.
I get your background might be more on the environmental
side, but this is going to be a critical, critical issue. We
are going to have a lot of nations and a lot of growth in
aviation. And we cannot have this international discussion be
let us, you know--let us, you know, make a race to the bottom.
We need to be a race to the top. And I think that what we have
seen in the United States is that that level of redundancy,
with the pilots and with automation, is the best bet. And I
think that would put us in the best stead moving forward.
Ms. Homendy, from your venue of many years here, what have
you seen on this point?
Hon. Homendy. The U.S. absolutely has to be a leader here
and in--on the international front, on safety. Safety has to be
the priority and we have to lead on it. And in this area, I
mean, I think, you know, pilots are--pilots still have to be
pilots. They have to be trained to adequately do their jobs and
then, when they are not--when an error occurs, there has to be
safety redundancy, as you have stated.
But then, there has to be a strong safety culture by the
organizations involved, as well. Whether that is FAA, whether
that is ICAO or whether it is any of the--the actual companies
that are involved with making these decisions. I mean, there
are a lot of decisions that are made that directly impact pilot
safety and safety has to be, first and foremost, the priority
over innovation. Innovation is critically important but if you
do not have safety standards or safety measures or the safety
of workers, like pilots, first and foremost, then--then, it
is--we are not the leaders.
The Chairwoman. How many NTSB accidents have you been
involved in, on an international basis, where--where the
company or the organization did not adequately train pilots?
Hon. Homendy. Me, personally or the----
The Chairwoman. Well, just the Agency, yes.
Hon. Homendy. Numerous.
The Chairwoman. So, it is a common factor that we are
already seeing.
Hon. Homendy. Sure, internationally and domestically.
The Chairwoman. So, we--this is, you know, of utmost
importance. Again, we want to have this level of redundancy to
the system. It is not that we do not believe that automation
can help us. And certainly, as Dr. Hampshire will have to
continue in his work to do is, to articulate where those--where
those lines are that we have to--I am trying to think of your
words that you used, Dr. Hampshire--but mediate, I think was
the word that you sued, on the training system. Somehow my
notes have been--OK. Cross-mediational learning?
Dr. Hampshire. Yes.
The Chairwoman. What was the term you used?
Dr. Hampshire. Yes, I said cross-modal learning. So, learn
from different modes of transportation about automation and
redundancy and resilience.
The Chairwoman. Yep. So, again, what is going to happen is,
on the international basis, people are going to advocate that,
use automation, it will drive down the cost, and thereby, we do
not have to do as much training. And this is just the opposite,
I believe, of where we need to go. And so, Ms. Homendy, again,
I think the NTSB has a lot of previous cases where this is
exactly the level of lack of training that is not being done on
an international basis now. And then, the consequence is that
it affects, you know, the entire system. And so, what we want
to be articulating to ICAO is that we have to meet this
standard, and we should be arguing for a higher standard than
currently is being met.
Now, does that mean that countries and new entities who
want to go into the airline business have to meet that
standard? Yes. Yes, that is what that means. But you cannot let
somebody in the world market try to undersell us on the notion
of, we can just go with automation. We just cannot let that
happen. We will not be meeting the safety standards that we
need to meet today.
So--so, unless we have another colleague joining us--I know
we have got a busy schedule here and ran into votes. But before
I close the hearing, we have to ask all the nominees, will you
pledge to work collaboratively with the Committee, provide
thorough and timely response to our requests for information as
we put together and address important policy issues, and appear
before the Committee when requested?
Hon. Homendy. Yes.
Ms. Hedlund. Yes.
Dr. Hampshire. Yes, I will.
Ms. Petsonk. Yes.
The Chairwoman. Great, thank you. Senators will have until
Monday, June 28 to submit questions for the record to the
Committee. Witnesses will have a week to respond to those.
Again, we thank you for your willingness to serve and continue
to work with all of you in the future.
We are adjourned. Thank you.
[Whereupon, at 12:09 p.m., the Committee was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Maria Cantwell to
Hon. Jennifer L. Homendy
Workforce Development and Training. Transportation and
transportation-related industries employ over 13 million people in the
United States. The transportation workforce is absolutely critical for
moving goods and people across the country and driving our economy to
be competitive globally. However, when that workforce isn't
appropriately trained the consequences can be dire--a lack of training
and situational awareness was one of the contributing factors to the
2017 DuPont derailment, and we have seen similar issues in the aviation
context time and time again.
Question 1. In your experience at the NTSB, where are the critical
areas we should be enhancing workforce development and training to
ensure that transportation workers are equipped to handle new and
emerging technologies?
Answer. Thank you for the question, Chair Cantwell. The human-
machine interface remains a challenge in the emergence of new
technologies. It is critical that entities work with human factors
experts to best determine how to address these challenges, which must
include workforce training.
In the case of the DuPont derailment, the locomotive engineer was
not adequately trained (neither was the conductor). And they were in a
new locomotive on a new route. That lack of training was evident to our
investigators upon review of the inward-facing camera where we were
able to see deficiencies first-hand. However, even with the best
training, humans will make errors. It is therefore critical that
systems be designed to prevent human error and that measures be taken
to ensure safety redundancies are in place if those systems fail. This
is why we recommended implementation of positive train control, which
would have prevented the DuPont derailment.
It also important to mention that all of those deficiencies in
DuPont, including training, would have been identified through a
comprehensive safety management system (SMS) where the operators would
have been constantly evaluating their risks and proactively addressing
them before an accident occurred. Keys to a well-functioning SMS are a
``just safety culture'' which communicates the importance of safety to
the workforce and the commitment of management to safety, ensures the
workforce is well-trained, and implements a reporting process to ensure
safety deficiencies are identified and addressed. For example, the
National Aeronautics and Space Administration (NASA) in partnership
with the Federal Railroad Administration has a program to facilitate
one aspect of SMS, the Confidential Close Call Reporting System. See
https://c3rs.arc.nasa.gov. Currently, no railroad participates in this
voluntary program.
Automation. Technology and automation are wonderful tools which
supplement, enhance, and magnify the ability of humans to manage
complex machines. However, there is a risk that over-reliance on
automation can lead to a deterioration of skills and engagement. And as
automation plays an increasingly larger role across all of our
transportation systems, it is paramount that our workforce--both on the
industry and the regulator side--is appropriately trained up to ensure
that automation does not compound existing safety issues.
Question 2. What are your views about the potential for over-
reliance on automation and how can we best manage this apparent
downside to the benefits of automation?
Answer. Thank you for the question, Chair Cantwell. Over-reliance
on automation is a serious concern. Industry across all modes of
transportation must work with human factors experts to determine how
best to introduce automation to an already complex environment and what
supplemental safety measures must be in place to ensure safety,
including training.
In the road environment, however, the potential solutions are even
more complex. Pilots, locomotive engineers, commercial motor vehicle
drivers, and captains are supposed to be well-trained and even with
that training (and industry testing) accidents occur. However, normal
drivers don't have that training, the expertise in dealing with
automation, or the awareness of human performance limitations. That's
why overselling the capabilities of vehicles is so dangerous. The NTSB
has recommended to the National Highway Traffic Safety Administration
(NHTSA) to develop a safety framework for automated or partially
automated vehicles to include performance standards for monitoring
driver engagement and limits on vehicle operations to roadways and
conditions for which they were designed. Those recommendations are
currently open-unacceptable because NHTSA has not provided a response
that supports a positive classification.
If confirmed, I would be pleased to work with you and your
Committee to address these serious safety issues across all modes of
transportation.
Question 3. What changes do we need to make to ensure that both
industry and regulators are appropriately trained on issues facing the
transportation sector today and in the future?
Answer. Thank you for the question, Chair Cantwell. I personally
feel that it's my duty to ensure, as a Board Member or, if confirmed,
as Chair, that I'm adequately trained to address the safety issues
facing the transportation sector today. For the Board, if confirmed,
one of my priorities is to see what resources and skillsets we need now
and 5 or 10 years from now to address new technologies and emerging
safety and industry trends. I am happy to work with you and Congress as
needs of the NTSB are identified. I'm hopeful other agencies are doing
the same.
______
Response to Written Question Submitted by Hon. Amy Klobuchar to
Hon. Jennifer L. Homendy
Blocked Rail Crossings. Blocked rail crossings delay emergency
vehicles and threaten public safety. In 2020 alone, 203 people were
killed at railroad crossings. I've heard first hand from local leaders
and emergency responders across Minnesota about the inconvenience and
dangerous delays that rail crossings can pose to a community.
Question. What more can be done by passenger railroads to improve
these delays and public safety, particularly for rural communities?
Answer. Thank you for the question, Senator Klobuchar. Although the
NTSB has not investigated events relating to blocked rail crossings, I
am aware of situations where blocked rail crossings have isolated
communities and delayed emergency response vehicles which can lead to
deadly consequences. I believe it is important for the Federal Railroad
Administration to continue to collect information on the extent of
blocked crossings in the U.S., and to use that data to analyze the
causes of blocked crossings. In the meantime, freight and passenger
railroads need to evaluate their make-up of trains, routes, and
scheduling to avoid these situations. Railroads should also develop
relationships with the communities in which they travel to ensure local
concerns are addressed. If confirmed, I'm happy to work with you on
this issue.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Hon. Jennifer L. Homendy
Safety Recommendations
Question 1. Ms. Homendy, given the challenges posed by finite
resources, what is your view as to the extent to which NTSB should
consider costs and unintended consequences when developing safety
recommendations, and how does the NTSB prioritize recommendations that
will save the most lives?
Answer. Thank you for that question, Ranking Member Wicker.
Regarding the first part of the question, the NTSB's mission is to
investigate every civil aviation accident in the United States and
significant events in other modes of transportation, and issue safety
recommendations aimed at preventing accidents and injuries and saving
lives. Our goal is always to prevent that accident from re-occurring;
however, our recommendations are not mandates. Once we issue safety
recommendations, it is up to the recipients to determine whether and
how they want to address those recommendations. For Federal agencies,
that may include a cost-benefit analysis. With that said, we are a
principled but also pragmatic agency. We are open to alternative
approaches so long as identified safety risks are addressed. Since the
NTSB's founding, 11.7 percent of our recommendations have been closed
``acceptable alternate action''. The Board is usually willing to close
a recommendation with a satisfactory status if the recipient has taken
sincere effort and all available reasonable actions to mitigate the
safety risks we uncover.
For the second part of the question, the NTSB maintains a biennial
Most Wanted List which highlights transportation safety improvements
needed now to prevent tragedies, reduce injuries, and save lives. For
2021-2022, the Most Wanted List issues are:
Require and verify the effectiveness of safety management
systems in all revenue passenger-carrying aviation operations
Install crash-resistant recorders and establish flight data
monitoring programs
Implement a comprehensive strategy to eliminate speeding-
related crashes
Protect vulnerable road users through a safe systems
approach
Prevent alcohol-or other drug-impaired driving
Requiring collision avoidance and connected vehicle
technologies on all vehicles
Eliminate distracted driving
Improve passenger and fishing vessel safety
Improve pipeline leak detection and mitigation
Improve rail worker safety
To be selected for the Most Wanted List, a safety item must have at
least one open safety recommendation. NTSB staff across our modal
offices and the Office of Research and Engineering propose the MWL
safety items using Board-approved criteria: level of validation; level
of action; level of risk and consequence; and potential benefit from
focused NTSB advocacy.
The offices apply the criteria to each of their potential safety
items in a qualitative ranking tool. This tool is intended to give
office directors a consistent way to rank their mode's safety items
relative to each other, instead of comparing them across modes. The
NTSB's Board deliberates and approves the final Most Wanted List.
These changes were in response to recommendations from the
Government Accountability Office in March 2020. We also enhanced the
process to allow for greater transparency on how safety items are
selected.
Can you discuss examples of how the NTSB has collaboratively
worked with agencies to refine safety recommendations so that
they can be more quickly adopted by industry?
Answer. Thank you for that question, Ranking Member Wicker. Our
Safety Recommendations and Communications team meets regularly with
modal administrations within the U.S. Department of Transportation and
the U.S. Coast Guard to discuss our safety recommendations. Agencies or
other recommendation recipients may, at times, propose another way of
addressing our recommendation which gets at the intent of the
recommendation. Staff works through that proposed alternative with the
recipient and, if the safety deficiencies will be mitigated through an
alternative approach, staff will present it to the Board for
consideration.
Three examples are recommendations P-19-1, P-19-2, and H-12-3.
P-19-1 recommended that the Pipeline and Hazardous Materials Safety
Administration (PHMSA) require that all new service regulators be
installed outside occupied structures, and P-19-2 recommended that
PHMSA require existing interior service regulators outside occupied
structures whenever the gas service line, meter, or regulator is
replaced, prioritizing multifamily structures over single-family
dwellings.
PHMSA proposed an alternative to the NTSB: changing distribution
forms to emphasize compliance with existing service regulator
requirements and revising the state program evaluation form to verify
that states check operator compliance with regulations for inside
regulators. PHMSA would also review and emphasize current requirements
for inside meters and regulators with operators, and issue an advisory
bulletin alerting operators to the existing requirements for inside
meters and regulators.
PHMSA proposed to provide data showing that their actions were
achieving similar results to a regulation by working with the National
Association of Pipeline Safety Representatives to determine a baseline
for the number of inside regulators, and then annually track this data
to determine the rate of reduction in inside regulators. PHMSA would
submit this data to the NTSB and evaluate it to see if it showed their
alternative was effective.
On February 11, 2020, the Board classified the two recommendations
as ``Open--Acceptable Alternative Response'' pending implementation of
their plan, our review of PHMSA data demonstrating that the plan is
successful, and development of a revised plan if the data do not show
that the alternative is achieving the same results as a regulation.
Another example is H-12-3, which was issued as a result of a July
15, 2009, hazmat release of anhydrous ammonia from a ruptured transfer
hose from a cargo tank truck to a storage tank at the Tanner
Industries, Inc. in Swansea, South Carolina. NTSB recommended that
PHMSA require cargo tank motor vehicle carriers and transfer facilities
to verify (1) that cargo transfer hose assemblies, whether carried on
the vehicle or provided by the facility, are chemically compatible with
the hazardous material to be transferred and (2) that drivers verify
hoses are marked as compatible with the material to be transferred
before either loading or unloading operations begin.
PHMSA developed a comprehensive safety program to address cargo
tank motor vehicle loading and unloading. In addition to the ongoing
regulatory enforcement efforts maintained in partnership with FMCSA and
state agencies, PHMSA published two guidance documents. NTSB staff
reviewed these guidance documents and suggested revisions to some of
the language to remind users to verify equipment compatibility during
transfer operations. The guidance documents are (1) A comprehensive
best practices reference guide that includes an appendix with relevant
OSHA and EPA regulations; (2) A quick-reference pocket guide. PHMSA was
promoting these guidance documents with industry representatives
through social media and Hazardous Materials Safety Assistance Team
outreach efforts. On October 27, 2015, the NTSB classified Safety
Recommendation H 12-3 ``Closed--Acceptable Alternate Action.''
Determination of Investigations
Question 2. Ms. Homendy, given that NTSB cannot investigate all
incidents and accidents, could you describe the process the Board uses
to determine which events to investigate?
Answer. Thank you for that question, Ranking Member Wicker. Our
determination of which events we investigate is based on our
legislative mandate contained in 49 United States Code (USC) Sec. 1131,
which requires the Board to investigate an aircraft accident the Board
has authority to investigate under section 49 USC 1132 or an aircraft
accident involving a public aircraft (other than an aircraft operated
by the Armed Forces or by an intelligence agency of the United States);
a highway accident, including a railroad grade crossing accident, the
Board selects in cooperation with a State; a railroad accident in which
there is a fatality or substantial property damage, or that involves a
passenger train; a pipeline accident in which there is a fatality or
substantial property damage, or significant injury to the environment;
a major marine casualty occurring on or under navigable waters,
internal waters, or the territorial sea of the United States, or
involving a vessel of the United States, under regulations prescribed
jointly by the Board and the head of the department in which the Coast
Guard is operating; and any other accident related to the
transportation of individuals or property when the Board decides (1)
the accident is catastrophic; (2) the accident involves problems or a
recurring character; or (3) the investigation of the accident would
carry out this chapter.
The Board does not have the resources, nor believes there is a
safety benefit, to investigate every grade crossing or trespasser
event. Although our highway mandate under 49 USC 1131(a)(1)(B) states
that the Board shall conduct a grade crossing accident ``the Board
selects in cooperation with a State,'' our railroad accident mandate
under 49 USC 1131(a)(1)(C) seems to suggest that we have to investigate
every single grade crossing accident in which there is a fatality or
substantial property damage or involves a passenger train, not just
those we select in cooperation with a State. It would be helpful for
Congress to clarify this ``dual mandate'' on grade crossing accidents
in the next reauthorization bill, as well as eliminate trespasser
events. To address trespasser events, we suggest the following: Amend
49 USC Sec. 1131(c) to read as follows:
(c) a railroad accident in which there is a fatality or
substantial property damage, or that involves a passenger
train, other than a railroad accident involving an unauthorized
person who enters or remains on a railroad right of way,
equipment, or facility. The term ``railroad right of way'' does
not include grade crossings;
This language does not address the dual mandate but, if confirmed,
I am happy to work with the Committee to address that issue.
Regulatory Authority
Question 3. Should NTSB have the authority to mandate
recommendations?
Answer. Thank you for that question, Ranking Member Wicker. No, the
NTSB is the foremost transportation safety agency in the world. Our
greatest power is the ability to investigate a crash, without bias, and
determine how lives could have been saved if safety improvements were
implemented. If we had the authority to mandate recommendations, we
would lose our independence and be subject to cost-benefit analyses
that could limit the scope and effectiveness of our safety
recommendations. Rather, public interest is best served by having an
agency that impartially and objectively investigates a crash and
provides safety recommendations for review and consideration.
______
Response to Written Questions Submitted by Hon. John Thune to
Hon. Jennifer L. Homendy
Question 1. The National Transportation Safety Board (NTSB) has
been active in recent years on accidents relating to emerging
transportation safety technologies. Automated vehicles, for example,
have the potential to drastically reduce fatalities and improve safety
on our Nation's roads.
Based on your experience, do you believe that automated vehicles
present an enormous opportunity to improve motor vehicle and traffic
safety?
Answer. Thank you for that question, Senator Thune. Nearly 40,000
people die annually on our Nation's roads; millions of others are
injured. New technologies, like automated vehicles, have the potential
to improve safety on our roads and save lives, but the Federal
government needs to put in place a robust safety framework to protect
the public and ensure those lifesaving benefits are realized.
If confirmed, how would you work with both Congress and the
Department of Transportation to encourage the wider adoption of
this technology?
Answer. Thank you for that question, Senator Thune. If confirmed, I
will work with Congress and the Department of Transportation to share
lessons learned from NTSB investigations of automated and partially-
automated vehicles. I am also happy to provide you and the Committee
with any technical assistance you may need as you develop future
legislation to address automated vehicles. We are already on record
strongly supporting collision avoidance technologies which are the
building blocks of automated vehicle technologies.
Question 2. As you know, the NTSB Reauthorization Act, included in
the FAA Reauthorization Act of 2018 (P.L. 115-254) included a
requirement for the agency to include a methodology section
accompanying safety recommendation reports. The intent behind the
requirement was to better inform Congress and regulatory agencies of
the basis for safety recommendations when choosing how to take action.
Do you agree that these methodology sections provide helpful
information to Congress and the agencies as they seek to address NTSB
recommendations?
Answer. Thank you for that question, Senator Thune. Yes, I believe
these methodology sections provide important information that helps
recipients and Congress better understand and address our
recommendations.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Hon. Jennifer L. Homendy
Question 1. Earlier this month, I introduced--along with my
colleague Senator Sinema--the Multiple Substance Impaired Driving
Prevention Act. Among the provisions, our legislation would expand the
use of the National Highway Traffic Safety Administration's (NHTSA)
405d grants to be used for drug toxicology and impaired-driving related
training for law enforcement--including drug recognition expert (DRE)
training. Thankfully, we were also able to get this legislation into
the Surface Transportation Investment Act (STIA) that passed this
Committee last week.
Could you speak to the value to the value of investing in
DREs?
Answer. Thank you for that question, Senator Capito, and thank you
for all your work to provide law enforcement with the tools they need
to prevent impaired driving. West Virginia currently has only 54 drug
recognition experts (DREs) in the state. DRE training is expensive;
it's a three-stage training program of about 160 hours that can cost
around $1,500 per class. That does not include the cost to law
enforcement agencies of sending officers to training, and then
backfilling their jobs while they are in training. Allowing the use of
grants to be used for drug toxicology and impaired-driving related
training for law enforcement officers would go a long way toward ending
drug impaired driving.
If confirmed, do you commit to working with me on this
issue?
Answer. Thank you for that question, Senator Capito. Yes, if
confirmed, I would be pleased to work with you on this issue and other
initiatives to prevent alcohol and other drug impaired driving, an
issue that remains on our 2021-2022 Most Wanted List.
______
Response to Written Question Submitted by Hon. Maria Cantwell to
Karen J. Hedlund
Freight Railroad Investment. The railroads play a critical role in
moving freight throughout our Nation. Prior the COVID-19 pandemic, it
was estimated that the value of freight shipped by railroad would
increase by 45 percent in the next decade to $1.1 trillion annually.
Moving this freight safely and efficiently will require an increased
long-term investment in people and infrastructure.
Question. If confirmed, what will you do to ensure that the STB's
policies promote the efficient movement of goods and encourage
railroads to invest in their infrastructure?
Answer. Over the last year, our ocean and inland ports have
experienced unprecedented congestion which, related in part to the
significant market disruptions caused by the COVID-19 pandemic and the
spike in demand across all sectors, as the economy rebounds. Transfers
from ships to trucks and rail have been hampered by shortages of
containers, trucks, and truck drivers and also disruptions in rail
schedules and planning. I believe that resolving current problems and
ensuring a robust and viable transportation network involves a ``whole
of government approach,'' requiring different agencies within
government, including STB, FRA, FMCSA and FHWA to work cooperatively.
At the same time, legislative initiatives advancing in the House and
Senate, and as proposed by the Administration, are calling for
significant increases in investment in various types of infrastructure,
including freight rail.
To the extent undertaking such investments, whether publicly or
privately funded, requires action or authorization by the STB, I
believe the Board should act diligently and expeditiously in moving its
review processes forward under its statutory and regulatory framework.
Additionally, I believe that the Board must continue to adhere to the
core objectives and priorities of the Staggers Act and the ICC
Termination Act, which were enacted to ensure that the Nation's freight
and passenger rail network is healthy, competitive, self-sustaining,
and responsive to the needs of shipper and the public.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Karen J. Hedlund
General Response by Karen Hedlund:
I would like to thank the Members of the Committee for their very
thoughtful questions. Some of these questions relate to issues that are
currently before the Board, and therefore I must be careful not to
state anything that suggests I have prejudged the matter. If I am
confirmed and have the opportunity to serve, I look forward to being
fully briefed on all pending cases and proceedings and will give due
consideration to comments filed by any and all parties. Other questions
touch on issues that may be beyond my personal experience or area of
expertise. Again, I look forward to being fully informed on all sides
of such questions.
My approach to matters before the Board and its investigations and
policy-making processes will be to prioritize thorough analysis and
full transparency by the parties regarding factual, policy and legal
issues. If confirmed, I commit to bring my transportation, finance and
legal experience to the Board and to address all matters in a fair and
impartial manner. I will also work diligently to see that all outcomes,
first and foremost, serve the public interest.
Key Priorities
Question 1. Ms. Hedlund, as the newest Member on the STB, what will
be your priorities, should you be confirmed?
Answer. The Board has received notices of intent to file for
approval the first Class I merger transaction since the Board's merger
rules were revised in 2001 (Kansas City Southern and Canadian Pacific
and Kansas City Southern and Canadian National). The Board is also
reviewing the pending acquisition of Pan Am Railways by CSX
Transportation, Inc., as well as the acquisition by Watco of several
Canadian National lines in Wisconsin and northern Michigan. Merger
transactions can be time-consuming, complex, and controversial, and can
have a profound impact on the shape of the rail industry and the way in
which rail service is provided. As a member of the Board, one of my key
priorities will be to ensure that these proposed transactions undergo
fair, careful and expeditious consideration, in keeping with the laws
and regulations administered by the agency.
Additionally, I am looking forward to working with the Board on
several rulemaking proceedings that have important implications for the
railroad industry and how rate and other disputes are resolved. These
pending proceedings include proposed new procedures to reduce the cost,
complexity, and duration of rate reasonableness cases, particularly for
smaller disputes. A related proposal submitted to the Board would
involve a voluntary arbitration procedure for rate review in smaller
cases. Other proceedings involve reviewing the exemption for some
commodities which have been exempt from Board regulation for several
decades, and a proposed rule to revise the agency's ``reciprocal
switching'' rules.
Some of these issues are outside of my specific expertise, but I am
deeply committed to carefully studying the issues and taking account of
the view of the Board's stakeholders to ensure that regulatory
processes are meaningful, fair and accessible.
The Board will also be playing an increasing role with respect to
intercity passenger rail that is part of the interstate rail network.
This is an area that I spent considerable attention to during my tenure
at the Federal Railroad Administration, and I hope that this experience
will benefit the Board in its decision making. However, I recognize
there may be difficult issues to be resolved. Many of these issues
relate to matters that have recently been submitted to the Board after
years of unsuccessful negotiation by the parties, or have otherwise
been the subject of several years of litigation. My priority will be to
work with the Board, its staff and the parties, to get a full
understanding of all the relevant facts and concerns, and reach a
resolution in an expeditious manner.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
Karen J. Hedlund
Question 1. Ms. Hedlund, conducting cost-benefit analyses for
proposed regulations has been a best-practice undertaken by agencies at
the behest of both Democratic and Republican Administrations. Given
your extensive experience at the Department of Transportation, can you
explain your views on using cost-benefit analyses to improve regulatory
outcomes?
Answer. In accordance with Executive Order 12866 and Office of
Management and Budget Circular A-4, the Federal Railroad Administration
performs cost-benefit analysis in connection with issuance of rules and
regulations. In my experience, the FRA gave due regard both to how such
analysis was undertaken and the results of such inquiry, as a factor in
deciding whether to move forward with a particular regulatory
initiative. However, it is my understanding that the STB, as an
independent economic regulatory agency, is not subject to these
directives. I believe that at least to some extent this is something
that the Board already undertakes, but I would like to learn more about
the agency's existing processes. I also understand that there is a
pending proceeding that touches on the issue of having formal cost-
benefit analysis in significant STB rulemakings, and I do not want to
appear to prejudge the outcome. I believe that my past experience at
FRA will be beneficial to the Board in reviewing the pending
proceeding.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Karen J. Hedlund
Question 1. If confirmed as a member of the STB, what will be your
key priorities?
Answer. Please see my answer to question from Senator Wicker,
above, which outlined my key priorities, if confirmed as a Board
member.
Question 2. Conducting cost-benefit analyses for proposed
regulations has been a practice undertaken by agencies under both
Democrat and Republican Administrations.
Please explain your views on the use of cost-benefit
analysis when considering proposed regulations. Should all STB
regulations be considered with a cost-benefit analysis?
Answer. As noted above, in my response to Senator Sullivan's
question pertaining to cost-benefit analysis, I have previous
experience with this phase of the regulatory process from my tenure at
FRA as Deputy Administrator and Chief Counsel. With respect to the STB,
I understand that there is a pending proceeding on the issue of the STB
formally adopting cost-benefit analysis as a component of significant
rulemakings. As such, I do not wish to prejudge the issues in the
proceeding, but I believe that my past experience will be very valuable
to the Board, as it considers this proceeding.
If a regulatory cost outweighs the benefit, should that be a
determining factor that prevents the STB from moving forward
with the regulation?
Answer. As noted above, there is a pending proceeding before the
Board, related to cost-benefit analysis. I do not wish to prejudge the
issues in the proceeding, but I believe that my past experience with
FRA will be very valuable to the Board, as it considers this
proceeding.
Question 3. When considering regulatory proposals, should the STB
prioritize policies that allow market participants to freely compete
without STB action? Or is the market more successful when the STB
actively guides the market through regulatory action?
Answer. The Rail Transportation Policy (RTP), codified at 49 U.S.C.
10101, sets forth Congressional policy objectives which inform the
STB's regulatory processes and initiatives. The RTP includes tenets
that the Board allow market forces to work freely, as well as tenets
that call for fair and expeditious regulatory decisions when regulation
is required. As the Board has noted, there is some degree of tension in
the principles of the RTP, but, if confirmed, I will commit to
upholding these core policies. I would also note that the Board has
expressed a preference for private resolution of disputes rather than
regulatory outcomes, and has implemented measures for alternative
dispute resolution including both mediation and arbitration.
Given the changes and developments in the rail industry, I believe
that it is very important to look closely at issues related to
competition, and examine the Board's statutes and regulations to make
sure that the agency is promoting and fostering the goals of the Rail
Transportation Policy.
Question 4. I would like to learn more about your views on the use
of the STB's rulemaking power:
Should the STB promulgate rules if the rulemaking power is
not expressly granted by Congress?
Answer. I believe that there are situations where the Board may
draw upon its statutory authority to promulgate rules that are not
expressly mandated by Congress, as long as these regulatory initiatives
are fully consistent with the Rail Transportation Policy and other
statutory imperatives. For example, both the STB and its predecessor,
the ICC, have utilized broad statutory exemption authority, codified at
49 U.S.C. 10502, to issue rules that streamline and expedite agency
licensing procedures.
Can the STB use its rulemaking power to circumvent legal
precedents with which it disagrees?
Answer. I believe that the STB, like other agencies, should, as a
general matter, respect legal precedents, arising from court and
administrative proceedings. However, I believe that agencies should be
accorded some measure of discretion to re-examine precedent in light of
changed circumstances or to meet new challenges as long as doing so is
consistent with governing statutes and governing principles of
administrative law.
Can the rules passed by the STB insulate market incumbents
from competition?
Answer. In enacting its rules, the Board, of course, must take into
account the provisions of the Rail Transportation Policy that give high
priority to maintaining competition, and to reduce barriers to entry
into the rail industry. I can commit to you that I will look very
closely at competition issues and work with my fellow Board members to
make sure that we have the right policies and procedures to advance the
RTP.
Question 5. Should STB-sponsored private arbitration be encouraged
over STB-directed dispute resolution? And what factors would guide your
decision-making process in this regard?
Answer. I am aware that it has been the Board's stated position for
many years to facilitate private-sector resolution of disputes, rather
than litigated, regulatory outcomes. I fully support mediation and
other forms of alternative dispute resolution. In recent years, I
believe that the agency has increasingly channeled regulatory disputes
into its formal mediation program, working in partnership with the
Federal Mediation and Conciliation Service, and that many of these
mediations have been successful.
I support these initiatives, which are in addition to the work done
on an informal basis by the Board's Rail Customer and Public Assistance
program to resolve disputes. However, I recognize that there are
pending matters related to arbitration in rate case disputes, and I do
not want to prejudge any of those issues.
Question 6. The STB has long considered the issue of long-term
railroad revenue adequacy, even considering proposals related to rate
caps and revenue reductions based solely on a railroad earning returns
on investment above its capital.
Is it appropriate for the STB to impose rate caps or revenue
reductions based solely on the railroad earning returns on
investment above its capital? If so, why?
Answer. This question potentially implicates a matter pending
before the Board in so far as how revenue adequacy should be determined
on an annual basis. Accordingly, I do not wish to respond in a fashion
that would prejudge the merits of that matter. However, I recognize the
tenets of the Rail Transportation Policy, which dictate that
competition and the demand for service should establish reasonable
rates for rail transportation and additionally that reasonable rates
should be maintained where there is an absence of effective
competition. I can commit to studying issues related to revenue
adequacy and the implications for the Board's rate reasonableness
jurisdiction.
Is imposing rate caps, price controls, or revenue reductions
consistent with the deregulatory goals that Congress set forth
in the Staggers Rail Act?
Answer. As noted in my response above, the Rail Transportation
Policy instructs that competition and demand for services should be the
forces that establish rates. The Staggers Act is generally regarded as
ushering in an era of pricing freedom driven by market forces and the
Act eliminated rate caps and price controls of the previous regulatory
era.
Is there a negative relationship between the imposition of
rate caps, price controls, or revenue reductions with railroad
investments and innovation?
Answer. The Staggers Act was enacted, in part, to facilitate
increased railroad investment and innovation in the industry that had
been inhibited by certain aspects of the prior regulatory framework.
Question 7. The STB is often tasked with making decisions or
authorizing certain actions when it is determined that the action or
decision is in the ``public interest.''
What is the ``public interest''? What criteria should be
considered in determining the ``public interest''?
Answer. The public interest is, in part, defined by particular
provisions of STB's governing statutes. For example, in the statue
pertaining to rail line abandonments, the Board's assessment of public
convenience and necessity must consider whether the abandonment would
have a serious, adverse impact on rural and community development.
Where the public interest is not expressly defined, I believe that the
Board should refer back to the goals set forth in the Rail
Transportation Policy.
Are there any limits to the STB's determination of what
constitutes ``public interest''?
Answer. As noted above, the public interest is often defined by
specific STB governing statutes and otherwise informed by the tenets of
the Rail Transportation Policy.
Could a determination of what is or is not in the ``public
interest'' be based on factors that are outside the
jurisdiction of the STB?
Answer. I believe that when weighing the ``public interest'' in
matters before the Board, the agency should be primarily guided by
specific statutory criteria and the tenets of the Rail Transportation
Policy. However, I believe that in certain situations, consideration of
matters of safety and environmental values, which are not--strictly
speaking--within STB jurisdiction may bear on the question of the
public interest and be incorporated into the Board's analysis.
Question 8. How do you reconcile or balance Amtrak's access to the
freight rail network with the importance of a safe, efficient, and
reliable freight rail service?
Answer. This is an issue that I dealt with at the Federal Railroad
Administration in helping to negotiate Service Outcome Agreements
required to implement passenger rail grants that involved
infrastructure improvements to host freight lines. This is also an
issue that will be directly before the Board in several pending
matters, and I look forward to learning more about how such interests
can be reconciled under that regulatory framework administered by the
STB.
Question 9. The STB often conducts environmental reviews in
proceedings, including the carrying out the requirements of the
National Environmental Policy Act (NEPA).
What are the bounds (if any) of the effects of a major
Federal action that the STB should consider under NEPA?
Answer. The STB's environmental reviews are conducted by the STB's
Office of Environmental Analysis (OEA). OEA prepares environmental
documentation in rail constructions, abandonments, and certain
acquisitions and other proceedings to satisfy the STB's obligations
under NEPA. OEA then makes environmental recommendations to the Board
for consideration in decisions for which environmental review is
required.
Under NEPA, agencies are required to examine the reasonably
foreseeable environment effects that would be caused by a proposed
major Federal action.
Should the STB consider ``reasonably foreseeable'' effects
that are outside the agency's jurisdiction and control? If so,
why? And if not, why not?
Answer. Under Supreme Court precedent, agencies are generally not
required to examine environmental effects that result from actions that
are outside an agency's jurisdiction and control. See Department of
Transp. v. Public Citizen, 541 U.S. 752 (2004) (Public Citizen). Where
appropriate, agencies may also examine effects of other past, present,
and reasonably foreseeable future actions that may be outside the
agencies' jurisdiction but affect the same resources as the action
before an agency.
Should the STB propose NEPA alternatives that are outside
the agency's jurisdiction?
Answer. Courts have found that alternatives that agencies should
consider are driven by the purpose and need of the applicant and
therefore, alternatives are generally options that would be within the
agency's jurisdiction.
Is considering whether an effect is ``reasonably
foreseeable'' analogous to considering ``proximate cause'' in
tort law? Do you believe there is any difference between
``proximate cause'' and ``reasonable foreseeability''?
Answer. Under Public Citizen, agencies are required to examine
environmental effects only where there is a reasonably close causal
relationship between the environmental effect and the alleged cause,
analogous to the doctrine of proximate cause from tort law. See Public
Citizen, 541 U.S. at 767 (citing Metropolitan Edison Co. v. People
Against Nuclear Energy, 460 U.S. 766, 774 (1983)). Reasonable
foreseeability is part of, and subsumed in, the proximate cause
analysis.
However, as used in tort law, proximate cause addresses what has
happened in the past. NEPA looks at what could happen in the future.
The role of NEPA is not to remedy past harms but to prevent harms from
happening in the future.
NEPA uses the terms ``environmental impacts'' and
``environmental effects,'' but it does not use the term
``direct effect'' or an ``indirect effect'' in the statute. How
would you approach the decision on whether to consider
``indirect'' or ``direct'' effects in a decision before the
STB?
Answer. Under the previous Council on Environmental Quality (CEQ)
NEPA implementing regulations, agencies were required to look at both
``indirect'' and ``direct'' effects. The current CEQ regulations only
require agencies to look at environmental ``effects.'' I understand the
CEQ regulations are currently under review by CEQ.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Karen J. Hedlund
Question 1. Our nation depends on a health railroad network in
order to move goods safely and efficiently. Freight plays a critical
role in West Virginia carrying natural resources and manufactured goods
to markets around the world. Competition and market flexibility have
been instrumental in keeping our Nation's railroad network so strong.
If confirmed, will you commit to ensuring continued
competition in our rail industry?
Answer. Yes, as I have noted above, competition and the working of
the free market are key principles that are reflected in the Rail
Transportation Policy, codified at 49 U.S.C. 10101, and I am committed
to acting in accordance with the policy objectives set forth by
Congress.
If you are confirmed, will you commit to evaluating
proposals before STB through a cost-benefit analyses in order
to improve regulatory outcomes?
Answer. In responding to this question, I would refer to my
answers, above, to questions posed by Senator Sullivan. As I noted
previously, I believe that my previous experience at FRA will be a
valuable asset to the Board, as it considers issues related to cost-
benefit analysis. However, there is a pending proceeding before the
Board, and I wish to avoid prejudging the issues.
______
Response to Written Questions Submitted by Hon. Cynthia Lummis to
Karen J. Hedlund
Question 1. Should you be confirmed to the STB, what will be your
priorities?
Answer. Please refer to my response to Senator Wicker, above, which
discusses my key priorities, if I am confirmed.
Question 2. Conducting cost-benefit analyses for proposed
regulations has been a best-practice undertaken by agencies at the
behest of both Democratic and Republican Administrations. Given your
extensive experience at the Department of Transportation, can you
explain your views on using cost-benefit analyses to improve regulatory
outcomes?
Answer. Please refer to my response to Senator Sullivan's question,
above, which discusses my perspective on cost-benefit analysis. As I
previously noted, I have experience with undertaking cost-benefit
analyses from my tenure at FRA, and I look forward to providing input
to the Board on this important question.
Question 3. Should competitive markets be preferred over command-
and-control regulations?
Answer. Yes. The Rail Transportation Policy, codified at 49 U.S.C.
10101 prioritizes the workings of competition and the free market in
informing the Board's administration of its statutory responsibilities.
Question 4. Should Board-sponsored private arbitration be
encouraged over Board-directed dispute resolution?
Answer. Please refer to my response, above, to the question posed
by Senator Sullivan. I am aware that the Board has long encouraged
private-sector resolution of disputes, as opposed to outcomes resulting
from regulatory litigation, and I support the agency in this respect.
Additionally, I support the Board's use of mediation to resolve
disputes. Because of a pending proceeding related to arbitration, I do
not wish to comment further in order to avoid prejudging the issues.
Question 5. The STB is tasked with resolving disputes between
Amtrak and host rail carriers with regard to on-time performance. In
its comments on the recent FRA rulemaking to establish metrics and
standards, the Board stated: ``Amtrak and host railroads should be
given a sufficient opportunity to realign schedules where appropriate
to make them consistent with the Customer OTP standard. The Board
encourages the development of a process for establishing realistic,
properly aligned schedules on routes that require adjustment in a
timely, consistent, and efficient manner so that seeking an
investigation before the Board would be a last resort, rather than a
first. . . . Realistic schedules that are compatible with Customer OTP
will be crucial to avoiding unnecessary litigation before the Board.''
Do you agree with that viewpoint?
Answer. Because of the Board's role in investigating and
adjudicating Amtrak OTP matters, I need to be cautious in addressing
these matters in order to avoid prejudging issues. However, consistent
with the Board's long-standing approach to resolving disputes in the
freight rail context, I favor private-sector solutions, rather than
outcomes that result from regulatory litigation. I believe that the
same viewpoint should apply to the relationships between Amtrak and
host railroads, and I would encourage them to work constructively and
collaboratively before initiating litigation. At the same time, I
recognize that with the final OTP rule issued by FRA, the Board has a
role under PRIIA to resolve disputes. If and when these disputes come
before the Board, I can commit that I will carefully review the
evidence in the record to reach a decision with my fellow Board
members.
Question 6. According to the Bureau of Transportation Statistics,
trucks haul the vast majority of all intercity freight shipments, in
terms of both weight (64.5 percent) and value (71 percent), and do so
on infrastructure subsidized by the American taxpayer. Further,
autonomous trucking companies are already testing Level 4 autonomous
trucks. What do you think the impact of these developments on rail v.
truck competitiveness and what can the STB do to assist railroads in
remaining competitive?
Answer. I believe that part of the Board's mission is to ensure the
long-term viability and stability of the freight rail industry, which
meets the needs of shippers and other stakeholders, within a broader
competitive transportation marketplace across all modes. I believe that
in light of recent technological innovation and development, we are
potentially on the verge of new transportation marketplace in the 21st
century. As a member of the Board, I can commit to studying emerging
issues to ensure that STB policies and rulemakings continue to foster
sound economic conditions in transportation and to ensure effective
competition and coordination between rail carriers and other modes, in
keeping with the Rail Transportation Policy.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Dr. Robert C. Hampshire
Workforce Development and Training. Transportation and
transportation-related industries employ over 13 million people in the
United States. The transportation workforce is absolutely critical for
moving goods and people across the country, and driving our economy to
be competitive globally. However, when that workforce isn't
appropriately trained the consequences can be dire--a lack of training
and situational awareness was one of the contributing factors to the
2017 DuPont derailment, and we have seen similar issues in the aviation
context time and time again.
Question 1. How is the Department of Transportation ensuring that
we have a diverse and skilled workforce across the transportation
sector?
Answer. A diverse and inclusive workforce contributes to our
ability to better serve the American public and supports our vision for
a safe, innovation and equitable transportation systems. The Department
will work in collaboration with state, local, Tribal, and territorial
governments as well as transportation equity organizations and
underrepresented communities, to create a more diverse transportation
workforce that better represents our Nation. These efforts will include
analyzing trends specific to recruitment, retention and promotion of
underrepresented groups, listening to and engaging with Employee
Resource Groups as the Department establishes new workforce development
initiatives, and training managers and holding them accountable to our
civil rights and equity commitments.
Automation. Technology and automation are wonderful tools which
supplement, enhance, and magnify the ability of humans to manage
complex machines. However, there is a risk that over-reliance on
automation can lead to a deterioration of skills and engagement. And as
automation plays an increasingly larger role across all of our
transportation systems, it is paramount that our workforce--both on the
industry and the regulator side--is appropriately trained up to ensure
that automation does not compound existing safety issues.
Question 2. What are your views about the potential for over-
reliance on automation and how can we best manage this apparent
downside to the benefits of automation?
Answer. We know that automation is a part of the future of this
Nation's transportation system. Autonomous operations can make our
transportation system safer and more efficient but need to be designed
and deployed with travelers, workers and cybersecurity in mind. I am
eager to work with you and your colleagues in Congress to ensure that
the Federal government is leading the way on ensuring safe autonomous
vehicle operations nationwide. With my Departmental colleagues, I will
work with industry, American workers, safety organizations,
environmental groups, and other stakeholders to determine how to create
American jobs and advance American technological leadership through
this industry.
Question 3. What changes do we need to make to ensure that both
industry and regulators are appropriately trained on issues facing the
transportation sector today and in the future?
Answer. Transportation safety training, and other related training,
is important to creating a safer, more efficient transportation system.
Some of our training is delivered directly, and much through grant
programs, in support of regulatory requirements. As part of regulatory
agenda formulation, we take into account available agency resources,
priority safety needs, statutory requirements for actions requiring
rulemaking, recommendations from the National Transportation Safety
Board, and other agency needs, including training. I look forward to
working with Congress to ensure there are sufficient resources for
training.
Reducing Emissions. The transportation sector already accounts for
29 percent of the greenhouse gas emissions in the United States, the
largest source of emissions of any sector. With freight movement
expected to increase significantly over the next decade, it is critical
that the Department's research, policies, and actions support the
transportation sector in moving toward net-zero carbon emissions.
Question 4. How is the Department helping to develop and
commercialize transportation and infrastructure technologies to combat
climate change and reduce our infrastructure's impact on the
environment?
Answer. The Department has reconstituted the Climate Change Center
and plans to increase its responsibilities and capacity. In the next
five years, the Department intends to with external stakeholders
including other Federal agencies to:
develop department-wide policies and strategies to reduce
greenhouse gas (GHG) emissions and make our transportation
systems more resilient;
address the economic and environmental impacts of climate
change on the underserved, low income, and tribal nations;
explore future transportation technologies that impact
climate change; and
establish a department-wide research program to measure and
reduce transportation-related GHG emissions and mitigate
climate change impacts, in partnership with other Federal
agencies, academia and the private sector.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Dr. Robert C. Hampshire
Strategic Plan
Question 1. Dr. Hampshire, should you be confirmed, can you inform
the Committee of your plans for the Department's research portfolio?
Can you highlight the areas within the Department where you see
potential growth and areas where you believe improvement is necessary?
Answer. Thank you for the question. While continuing the priority
of multi-modal research to advance safety technologies, and our multi-
modal research on connected and automated vehicles, the transportation
sector has a key role to play in addressing climate change and
increasing equity and accessibility.
I will ensure that the Department works with you and other external
stakeholders in the clean technology, infrastructure and freight
industries, including unions, industry, and local, state, and tribal
governments, to determine how to develop new programs and use existing
programs to create safe, innovative solutions to climate change.
American innovation will indeed be critical to combating climate
change.
We need to increase access to high-quality, reliable transportation
throughout America, and do so in a way that improves racial and
economic equity, accessibility, sustainability, and good-paying jobs.
That includes supporting efforts to help states, regions, cities,
towns, tribal lands and rural areas research and invest in
infrastructure that meets the needs of all residents, including
pedestrians, cyclists, riders of e-scooters, and travelers with
disabilities. An important part of our research agenda is gathering
reliable data to inform these efforts.
While the Department has advanced our technology transfer efforts
in recent years, this remains an area where continuous improvement is
needed to leverage the full benefits of DOT-funded research.
Reliance on Volpe Center vs. Modal RD&T Expertise
Question 2. Dr. Hampshire, I understand that the Volpe Center
provides much-needed support to the research offices of various DOT
modal administrations. How can OST-R stay aware of projects at an
individual level to find synergies and avoid redundancy or
inefficiency? What is Volpe's role in supporting the modal research
offices?
Answer. The Department relies on the expert Federal staff at the
Volpe Center not only to support the modal research offices in ways
defined by those offices, but also to maintain a knowledge of technical
activities in their areas of expertise across all Operating
Administrations (OAs), and often in other Federal agencies. The Office
of the Assistant Secretary for Research and Technology (OST-R)
maintains oversight of Volpe projects through monthly reporting of new
work agreements; through routine weekly progress reporting; and through
reporting of projects for DOT OAs through the DOT Research Hub. Through
the Hub, the Research Review and Approval Process captures Volpe
projects to avoid redundancy and create synergy. OST-R approves work
agreements for non-DOT entities seeking Volpe support; one of the
decision factors is how the proposed work supports DOT goals, and which
OA has been engaged to enable knowledge capture.
The modal research offices define their work with Volpe based on
that OA's requirements, and determines if Volpe is the best means to
meet those requirements. Often, this decision relies upon long-term
knowledge of the technical area being researched, and on Volpe's
ability to add value by adding knowledge of and collaboration in the
field beyond DOT, to the greater benefit of the OA being supported.
Finally, the Department depends on Volpe expertise to help us all
look towards the future--anticipating emerging transportation issues,
objectively addressing complex transportation challenges, particularly
those that can be solved with an intermodal, systems perspective. Volpe
delivers DOT innovative solutions that advance transportation systems.
Multimodal Coordination
Question 3. Dr. Hampshire, if you are confirmed, how would you
continue the emphasis on multi-modal coordination and collaboration for
transportation research? How would you promote interagency coordination
in implementing these collaborative efforts?
Answer. I have been pleased to find a strong foundation for
coordination and collaboration established by the diverse, experienced,
and seasoned workforce already in place in the Office of the Assistant
Secretary for Research and Technology (OST-R). Will we continue to
execute research coordination functions through the Research,
Development and Technology Planning Team, composed of the senior
research directors from each of the Operating Administrations. The
Operating Administrations will continue to submit Annual Modal Research
Plans each year for review, approval, and public posting. OST-
R's review mandate is executed through a Research Review and
Approval Process that ensures DOT's research activities are aligned
with DOT Strategic Goals, and that there are no duplicative research
efforts across the Department.
To further enhance DOT-wide research coordination and
collaboration, OST-R has established 11 topical research working groups
in multimodal topic areas that span the Department's research
portfolio, such as ``Mobility Innovation'' and ``Emerging/Enabling
Technologies''. We are expanding coordination with other Federal
agencies, such as the Department of Energy, NASA and NIST, to increase
our knowledge and collaboration. Further, all DOT-funded research
reports and access to the data developed for those reports are made
available to the entire transportation community and the public through
the National Transportation Library in the Bureau of Transportation
Statistics.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Dr. Robert C. Hampshire
Question 1. As I mentioned, last week this Committee passed the
Surface Transportation Investment Act (STIA). As part of the
legislation we would codify the Non-Traditional and Emerging
Transportation Technology (NETT) Council. Since its creation in 2019,
the NETT Council has bene instrumental in resolving jurisdictional and
regulatory gaps as and when new transportation technologies emerge.
If confirmed, do you commit to continuing the work the NETT
Council has been doing in resolving issues for emerging
transportation technologies?
Answer. There are many innovations taking place in transportation
technology, and it's important that the Department prioritizes safety.
It's also important that we enable innovators to have ways to test and
deploy those innovations, which increasingly cross the traditional
boundaries of the established transportation modes. The NETT Council
provides the internal structure for necessary coordination on
innovation issues, and a point of entry for innovators seeking
guidance. I look forward to working with Secretary Buttigieg to make
sure we position the Department to lead transformations for freight and
travel in the 21st century.
I am interested in the work of the NETT Council and want to make
sure the Department can be an advocate and a partner for innovators and
users alike. I'm enthusiastic about the innovation we are seeing in new
mobility technologies that have the potential to transform our
communities.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Carol A. Petsonk
Question 1. The ongoing COVID-19 pandemic has created challenges
for communities receiving air service through the Essential Air Service
(EAS) program because passenger air traffic has drastically fallen. I
know that you are familiar with the EAS program, which has strong
bipartisan support on this Committee, given your current position as
Deputy Assistant Secretary.
If confirmed as Assistant Secretary, what will you do to
ensure that the EAS program is carried out in an efficient and
effective manner? And will you commit to working with this
Committee to ensure the program is meeting its goals?
If confirmed, what will you do to improve commercial
aviation connectivity for smaller and rural communities?
What is your perspective on how to ensure these and other
smaller communities can receive adequate air service? And what
are the top challenges facing the program at this time?
Answer. If confirmed as Assistant Secretary of Aviation and
International Affairs, I commit to managing the EAS Program in an
efficient and effective manner to ensure EAS communities maintain
reliable connections to the national air transportation system. I
understand how critical air service is in connecting the small and
rural communities in the Program with the national air transportation
system, and I will work with Congress on innovative ways to improve
that connectivity. We are proud that the Department has kept
connectivity at all 172 EAS communities during the last year, meeting
the program's main goal
Improvements are happening, as today more than one-half of all EAS
communities (outside of Alaska and Hawaii) now have jet service
(typically 50-seat) on a major airline brand to a large hub airport.
Less than 10 years ago, small turboprop aircraft were typical of the
EAS Program. Air carriers providing EAS are looking to innovate and
modernize as well, with one carrier recently implementing a new fleet
of modern, turboprop aircraft and another investing in electric
aircraft, to be tested with the hope of using them on short routes. We
are constantly looking for efficient ways to operate the program,
whether that is financial cost savings or the best air service we can
secure, while being mindful of the fiduciary challenges constantly
facing the program.
The top challenges the program is facing at present include COVID-
19 pandemic-related effects on passenger traffic and increased costs to
operate air service to EAS communities.
The Department is constantly engaged with communities and
stakeholders on current and future needs. We have a statutory framework
for our small community air service programs and there are many
flexibilities that the Department can exercise in its contracts with
air carriers and grant agreements with communities. We ask that
communities be forthcoming with what improvements they are seeking, and
we stand ready to address them.
I look forward to working with the Committee on these issues and
more, to ensure the EAS Program reliably supports small and rural
communities.
Question 2. The Small Community Air Service Development Program is
another relatively small, but nonetheless important DOT program that
can help smaller communities address their air service issues. Given
that air service to smaller communities--which was struggling before
2020-was delivered another blow by the pandemic, should Congress
consider expanding or altering this program as a way to help smaller
communities improve their air service?
Answer. Through the 2018 FAA Reauthorization, Congress provided the
Department several new programmatic flexibilities, which have allowed
the Department to better assist communities holding grants with
improving air service. With costs increasing in the aviation industry,
the Program is observing a trend in applications seeking more funding
per-applicant for revenue guarantees: individual applications seeking
more than $900,000 in grant funding per applicant constituted 2 percent
of applications for FY2017, 11 percent for FY2018, and 23 percent for
FY2019. Making funding accessible to the study of new technologies,
such as the use of electric aircraft, could help small communities
prepare to take advantage of innovative air service solutions in the
future.
Question 3. As you are aware, the U.S.-EU Open Skies agreement has
eliminated government interference in the commercial decisions of air
carriers about routes, capacity, and pricing. Open Skies has freed up
carriers to provide more affordable, convenient, and efficient air
service for consumers. The free marketplace created by Open Skies has
been a boon for jobs in the aviation industry and beyond. If the U.S.
takes action that breaches any one of our Open Skies agreements, it
would put these jobs in jeopardy.
Has the U.S.-EU Open Skies agreement been beneficial for
U.S. consumers and airlines?
Will you commit to uphold U.S. Open Skies agreements?
What are the top challenges and opportunities with regard to
international air service at this time?
Answer. Open Skies has been the foundation of U.S. international
air transportation policy since 1992. This policy has enabled the U.S.
aviation industry to support more that 10 million American jobs and $1
trillion in economic activity. We continue to recognize the great
importance of Open Skies to the Department's diverse stakeholders,
including airports, airlines, labor, members of the traveling and
shipping public, and others. Of our numerous Open Skies agreements, the
U.S.-EU Air Transport Agreement generates the most economic activity.
In 2019, U.S. carriers and their European partners carried over 73
million passengers over the Atlantic, more than any other international
air transport market involving the United States. The immunized joint
venture agreements that U.S. carriers participate in with EU carriers
have directly translated to economic benefits to the carriers, their
employees, and the public.
The Department is committed to our statutory requirement of acting
consistently with the international binding obligations of the United
States Government under all U.S. international air transport
agreements, including the U.S.-EU Air Transport Agreement. The
Department is also committed to ensuring a level playing field for U.S.
airlines in international markets, and we are using the statutory and
regulatory tools Congress has given us to address anticompetitive
behavior, such as foreign governments' discriminatory flight
restrictions and unsafe crew treatment practices.
Currently, the greatest challenges with regard to international air
service to and from the United States include the COVID-19 response and
international travel restart. If confirmed, I will continue to work
with our interagency partners and stakeholders toward the safe and
efficient restart of international travel, and to support that safety
and efficiency as demand for international travel rebounds.
Question 4. In your testimony you mentioned your desire to ensure a
level ``flying field'' for American air carriers and workers with our
international counterparts. As you may be aware, we have multiple
bilateral safety agreements with foreign civil aviation authorities
that require mutual validation of our aviation products. Do you believe
it is important to ensure our foreign counterparts are abiding by our
agreements? Do you believe there are metrics or data that can be used
to help ensure compliance with agreements from our international
partners?
Answer. I take our bilateral aviation safety agreements (BASAs)
very seriously. The U.S.-EU Safety Agreement, in particular, is a
landmark agreement that has steadily reduced the duplication of work
done by both organizations since its implementation in 2011. This
reduction allows both FAA and the European Union Aviation Safety Agency
(EASA) to concentrate on new technology and higher risk safety issues.
EASA and the other civil aviation authorities that are parties to BASAs
with the United States must abide by the terms of the respective
agreements. I welcome any type of proposals that could ensure our
partners' compliance with the respective BASAs.
______
Response to Written Questions Submitted by Hon. John Thune to
Carol A. Petsonk
Question 1. The provider of Essential Air Service to two
communities in South Dakota--Pierre and Watertown--was recently
changed, against the preference of the communities and despite the
strong growth in enplanement numbers both communities had seen over the
past few years. These communities have experienced disruptions in their
air service before. Now, as the pandemic recedes, Department of
Transportation's (DOT) decision will be harmful to their recovery.
These communities have expressed concerns to DOT, asking that they
reconsider such a disruptive decision. But instead of taking action,
DOT has done nothing, declining to even respond to the requests of
these communities to reconsider.
In the meantime, the newly selected carrier has made changes to
their original proposal, which alone in my opinion serve as grounds for
reconsideration of this decision. Yet still, in light of this
information detailed in a letter I sent just this week with the South
Dakota congressional delegation, DOT has still declined to take action.
If confirmed, will you commit to reviewing this particular issue in
a manner that prioritizes reliable service, recognizes the preference
of the communities served, and adequately considers Federal and local
investments in airport infrastructure?
Answer. I share Congress's commitment to maintaining reliable air
service to all EAS communities, in a way that fits the needs of small
and rural communities across the United States. The Department is
currently reviewing the petitions for reconsideration of Pierre and
Watertown and giving them full consideration. I commit to continuing to
work with Congress and all eligible EAS communities to ensure that they
maintain critical links to the national air transportation system.
Question 2. As the economy and domestic air travel recover from the
pandemic, it is crucial that international travel also be restored in a
safe manner, especially when it comes to nations with comparatively
high vaccination rates and declining case numbers.
If confirmed, will you commit to lifting restrictions on
international air travel in a safe and efficient manner?
Answer. Since the start of the pandemic, the Department has worked
closely with the CDC, DHS, and the Department of State, as well as with
industry and labor, to facilitate the implementation of the mask
mandate, testing requirements, traveler restrictions, and other
measures to ensure safety and maintain critical connectivity. If
confirmed, I will continue to work with our interagency partners and
stakeholders toward the safe and efficient restart of international
travel, and to support that safety and efficiency as demand for
international travel rebounds.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
Carol A. Petsonk
Question. One of the most important economic and trade policies I
worked on during my time as the U.S. State Department's Assistant
Secretary for Economic, Energy and Business Affairs was Open Skies and
securing air transport agreements with nations around the world. If
confirmed, your office will be assisting the State Department in
negotiating international aviation matters, such as Open Skies
agreements. I was confident these agreements would spur innovation and
jobs then and I am proud to see the results today, especially in terms
of jobs generated and economic benefits to Alaska. Ted Stevens
Anchorage International Airport (ANC) is home to the fourth busiest
cargo airport in the world. ANC has become a critical waypoint for
goods traveling from all over the world to homes and businesses of our
constituents confined by the pandemic.
If you are to become the Assistant Secretary for Aviation and
International Affairs, will you ensure the U.S. remains firmly
committed to these agreements that support the cargo industry's ability
to support good paying jobs and the timely transport of goods and other
potentially lifesaving deliveries to our communities?
Answer. The Department continues to be fully committed to our Open
Skies policy as established by DOT order in 1992. Since that time, the
United States has established Open Skies relationships with 130 foreign
partners, many of which include increased flexibility for cargo
carriers to meet the needs of businesses and suppliers. The fundamental
principles that underlie our Open Skies policy, including reliance on
market forces rather than government regulation and empowering our
airlines to compete throughout the world, will continue to serve as
core tenets of the Department's future aviation policies and
priorities.
With respect specifically to Alaska, the Department also granted
additional cargo and passenger transfer exemption authority to all
foreign carriers at Alaskan airports, so Alaska may also receive
benefits associated with carrier operations by virtue of that
exemption. In addition, my staff has worked together with the Anchorage
Airport Director and the Alaska International Airport System (AIAS) for
years, collectively developing methods to apprise foreign air carriers
of the unique opportunities available to them at Alaskan airports,
whether as a result of the transfer exemption authority or the Stevens
Amendment.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Carol A. Petsonk
Question 1. The Department of Transportation is responsible for
regulating aviation in the United States. One debate taking place at
the FAA is the issue of drone regulation. Low-altitude drones are a
major focus for the states, who through their inherent police powers,
govern matters such as property rights, land use, trespass, privacy,
and local safety issues. When Secretary Buttigieg came before this
Committee, he agreed with me that there should be a clear role for
authorities outside of the Federal government, such as state and local
authorities, to regulate drones in some of these matters.
Do you agree with Secretary Buttigieg that state and local
governments have a clear role to play in the regulation of low-
altitude drone operations?
Answer. Drone manufacturers and operators also enjoy access to
public airspace and will need a consistent set of requirements and
operating procedures in order to establish significant economic and
societal benefits while maintaining safety. State and local governments
will be vital partners in the management and enforcement of drone
operations. It will be critical to work with regional and local
authorities to ensure that drones can operate safely and efficiently in
accordance with all applicable laws. There are some laws that may be
applicable to drone operations (such as laws or regulations dictating
requirements for personal privacy) that are not within the purview of
the DOT to manage.
Are there limits to the FAA's authority to regulate airspace
in relation to a State's police powers?
Answer. The FAA's interest in regulating airspace is in part to
ensure that we can establish a safe and consistent set of regulations
that can apply to any operators in public airspace. The FAA is engaged
in designing drone requirements and management systems in a way that
considers more coordination and transparency with State and local law
enforcement, including mandating the necessity for remote
identification of drone operators. I am happy to put the Committee in
direct contact with the appropriate FAA personnel to provide more
detail about their regulation of the airspace.
In the context of drone operations, the FAA has taken the position
that they control the airspace from the ground up. Do you think the
Federal government has the ability to regulate the airspace a couple of
feet above your lawn? What about mere inches above the blades of grass?
In other words, should air inches above your backyard or front lawn be
considered Federal airspace?
Answer. The mission of the DOT and FAA is to ensure the safety,
efficiency, and continued viability of air transportation operations.
Again, I am happy to put the Committee in direct contact with the
appropriate FAA personnel to provide more detail about their regulation
of the airspace.
Question 2. The CDC's COVID-19 mask mandate currently requires
masks to be worn on public transportation conveyances and on the
premises of transportation hubs, including airports and on airplanes.
The CDC has also said that vaccinated individuals do not need to wear
masks in public.
Is the CDC's requirement that vaccinated individuals must continue
to wear masks in airports and on public transportation consistent with
the agency's own policy and research?
Answer. DOT's response to the COVID-19 pandemic is informed by
public health experts. Our primary interest is in ensuring the safety
and health of all passengers and workers in the air transportation
system, whether or not they have received vaccination. DOT is
coordinating closely with government partners including the CDC, HHS,
DHS, TSA, and others. DOT will continue to facilitate the
implementation of future policies in coordination with partners in CDC,
HHS, DHS and TSA. CDC views the continued use of masks in conveyances,
including airplanes, and in large indoor spaces, including airports, as
an important risk mitigation given the volume of travelers,
particularly onboard aircraft and at airports, the inability to
implement other risk mitigations like social distancing when onboard
conveyances like a plane, the rise of variants, and the lack of options
if a traveler is uncomfortable with the situation onboard, especially
once an aircraft is inflight.
Scientific evidence also shows young children have a much
lower chance of contracting or spreading COVID-19. In your
personal judgement, based on publicly available research, is it
appropriate to require that two-year-old children wear masks on
public transportation?
Answer. DOT will continue to facilitate the implementation of
policies informed by best available science and public health experts'
counsel to keep passengers and aviation workers safe.
Will you advocate for lifting the COVID-19 mask mandate for
airports and airplanes and allow for airports and airlines to
make the best decisions for their respective companies and
consumers?
Answer. I understand the frustration of passengers in our air
transportation system of dealing with the myriad risk mitigation
measures in place to ensure the health of passengers and aviation
workers. I am committed to working with intergovernmental partners to
develop policies that best serve public health and the public interest.
The concerns of airlines and airports will, of course, be considered
carefully as we collaborate to develop policies necessary to limit the
spread and effects of COVID-19 or future diseases. In fact, the mask
mandate was partially a response to the request for support from the
aviation industry as they struggled to implement company policies on
mask use for passengers and workers.
Question 3. Will you propose, advocate, or encourage the DOT or any
private sector entity under your purview to require the mandatory
vaccination of Americans to use air transportation domestically or
internationally?
Answer. DOT will continue to facilitate the implementation of
policies informed by best available science and public health experts'
counsel to keep passengers and aviation workers safe, and in close
coordination with other government partners including the CDC, HHS,
DHS, TSA, DOD and others. Future iterations of policy on masks or
vaccinations will be coordinated with these partners. Any guidance or
future regulatory action on vaccination would be based on public health
expertise, principles of equity, and widely coordinated, including
within the administration and with Congress. While we hope to build on
the progress in public safety provided by increasing numbers of
vaccinated passengers, there are currently no plans to establish
vaccination mandates for travel.
Question 4. To my knowledge, the last Federal guidance on use of
counter-drone mitigation equipment was issued jointly by the DOJ, DOT,
FCC, and DHS in August 2020. The guidance notes that Congress has only
authorized DOD, DOE, DOJ, and DHS to engage in C-UAS activities and
that any other entity, including airports, must ``understand that
Federal laws may prevent, limit, or penalize the sale, possession, or
use of UAS detection and mitigation capabilities''.
This guidance certainly seems to tie airports hands in being
able to respond to legitimate threats. Absent any change in the
law, does an airport have any recourse to address these safety
and security concerns?
Answer. I would defer any interpretation of existing law, including
what measures may be available to airports to manage drones, to airport
attorneys, the FAA, and counsel in the Department. I can say that the
Office of Aviation and International Affairs works closely with our
government security partners to ensure the safety, security, and
interests of the travelling public. I will be happy to work with FAA to
engage state and local representatives to address any concerns they
might have with developing DOT drone policy and to limit risks
(including risks of liability) to passengers, airport managers, and
other stakeholders.
The Federal Aviation Administration just issued the Remote
Identification Rule in April, which will go a long way in enabling
airports, law enforcement, and critical infrastructure owners in
addressing operations of drones that threaten public safety and
security by connecting the drone to its owner and location of the
operator in real time, which may enable law enforcement to respond
directly to such incidents.
Would you agree that it would make sense to allow airport
operators, state and local law enforcement, and airport law enforcement
to be equipped with some form of counter-drone authority to counter
threats to airport property?
Answer. DOT interests are primarily to ensure the safety, security,
and quality of air transportation. We will work with DOJ, DHS, DOD, and
FCC, and other authorized partners moving forward to ensure safety at
airports. Determining the most appropriate party to intervene in a
perceived threat from a drone is largely outside the purview of my
office. Existing law gives our government partners wide latitude and
authority to address identified threats; the law also requires those
departments and agencies to work with the FAA to ensure the use of
counter-drone authority does not inadvertently threaten aviation safety
and the safe operation of the National Airspace System. We will
continue to work with a wide scope of stakeholders, including state and
local governments, law enforcement, and airport authorities to ensure
we are able to respond quickly and effectively to safety or security
threats.
Question 5. As we move beyond the COVID-19 pandemic, we are seeing
optimism in domestic air markets because we have few internal
restrictions. But the Federal government's travel restrictions still
deter the restoration of international air travel. This restoration is
vital for ensuring airlines can return to normal operations, but also
to ensure that our tourism sector is able to compete with international
markets.
Do you agree that full restoration of international air
travel into the United States should happen swiftly?
Answer. I agree that restoring international travel is critical to
the recovery of the aviation and tourism industries as well as other
sectors which rely on international air connectivity. Based on input
from our industry and labor stakeholders, the recovery of international
air travel to pre-pandemic levels is likely to advance gradually as
airlines reassess demand, and then reinstate the necessary crews and
aircraft to support the additional flying. I am confident our industry
is ready to serve the traveling public and businesses as international
travel demand increases.
If confirmed, will you advocate for and seek to communicate
clear, public benchmarks that will expeditiously restore
international air travel into the United States?
Answer. The Department will continue to work with our interagency
partners in the CDC, DHS, and Department of State so that any changes
to international air travel restrictions are effectively and promptly
communicated to the traveling public, industry, and other stakeholder
groups.
Can you commit to providing a public timeline on the plan to
restore international air travel into the United States?
Answer. The Department is committed to facilitating effective and
prompt communication to the traveling public, industry, and other
stakeholder groups. As soon as our health experts determine that it is
safe to fully restart international travel, the Department will do
everything in its power to support industry and the traveling public
with appropriate information as far in advance as possible.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Carol A. Petsonk
Question 1. West Virginians benefit from access to passenger air
services to destinations across the United States and, as we move
passed the pandemic, internationally. West Virginians also rely on
timely shipments and deliveries to small businesses and households
across the state. This is largely made possible by the air transport
agreements we have with other countries.
As Assistant Secretary of Transportation for Aviation and
International Affairs, you will be responsible to promote
policies that lead to economic growth and trade. If confirmed,
do you commit to working with Congress on this issue?
Answer. Having grown up in the small town of Altoona, Pennsylvania,
where our one-gate airport was our family's gateway to the country, and
the world, I understand the value that air connectivity brings to small
and rural communities in West Virginia and across the United States.
The linkage of that domestic air connectivity with international air
services is one of the most vital components of our international air
transportation agreements. Our Open Skies agreements, in particular,
ensure more options for connectivity and, with increased competition,
lower costs for travelers and shippers. That global connectivity
creates new opportunities for trade and commerce, further increasing
economic activity in our country's small communities. I commit to
working with Congress on this issue to further support air connectivity
to small communities.
Question 2. In West Virginia, there are five airports that rely on
Essential Air Service, especially with the significant reduction in
passenger demand caused by the COVID-19 pandemic.
Will you commit, if confirmed, to the Essential Air Service
(EAS) Program that guarantees service to small, rural
communities?
Answer. Yes, I commit to managing the EAS program to ensure EAS
communities maintain reliable connections to the national air
transportation system, as I know first-hand how critical the guarantee
of air service is to the small and rural communities in the program.
______
Response to Written Questions Submitted by Hon. Cynthia Lummis to
Carol A. Petsonk
Question 1. When we spoke in my office, I asked if you had read the
``Report of the Working Group On Improving Air Service to Small
Communities'' that was published on May 9, 2017. Have you read this
report?
What were your takeaways from the recommendations that were
drawn by this working group?
Answer. Yes, I have read the report and the working group's
recommendations. Air service to small communities is important to the
Department and we take our statutory responsibilities to administer two
programs, EAS and SCASDP, very seriously. The Department stands ready
to work with Congress on ways to improve both programs.
Do you believe that a pilot shortage has caused airline
consolidation and therefore adversely hurt small and rural
community air service across the country?
Answer. The pilot shortage, as well documented by many media
outlets and trade groups, did affect the regional airline industry in
significant ways. There was some consolidation, which reduced the
number of carriers in the industry. However, some carriers became
stronger and placed orders for new, modern, and larger aircraft. While
the frequency levels and access to certain hubs may have been
negatively impacted by fewer carriers and larger aircraft, many more
small communities today have jet service on a major airline brand to
one or more large hubs, and that can be viewed as an improvement over
years past.
What are your thoughts on the recommendations that the
working group made on the EAS program?
Answer. The main recommendation from the working group was for the
EAS program to be fully funded. The Department takes its fiduciary
responsibilities to the program very seriously, and we develop our
budgets with our statutory responsibilities in mind, with the aim of
ensuring that all of the eligible communities stay connected to the
national air transportation system without interruption.
We will stay in close contact with Congress regarding the funding
status of the program so that we can adequately administer this program
to meet its obligations.
Question 2. The EAS program has unfortunately failed at the
original congressional intent of providing a baseline of air service to
many rural communities. Some communities have lost eligibility in the
program, while the remaining eligible communities have not seen better
air service despite ever-increasing costs for the program. If
confirmed, what policy changes will you undertake in your role to
better improve the service to rural communities?
Answer. The Department has a long-standing commitment to air
service for small and rural communities, including in our EAS
communities. I share that commitment and am ready to work with Congress
on ways to improve service to eligible communities. Recovering from the
financial challenges brought on by the COVID-19 pandemic will take
time, and the relief provided by the suspension of certain eligibility
requirements by Congress will enable communities to adjust to returning
passenger demand.
Question 3. In order to maintain rural air service a several
commercial airports in my home state of Wyoming, the state created
`capacity purchase agreements' to subsidize the commercial air service.
This program has been the sole reason several airports have maintained
commercial air service. To the best of your knowledge, have other
states created similar mechanisms to bolster rural air service? Are
there best practices you can take from the states when both
implementing the EAS program and making recommendations to Congress on
ways to improve the program?
Answer. The Department is aware of Wyoming's unique approach, and
we have administered a number of SCASDP grants in support of the
state's air service objectives. Wyoming communities continue to submit
new and different proposals to improve their connectivity to the
national air transportation system. When administering SCASDP and EAS,
we pay close attention to how communities define their objectives and
achieve them. I am not aware of mechanisms similar to Wyoming's in
other states, but I am committed to working with Congress on innovative
ways to improve air service to small and rural communities.
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