On Wednesday July 16, the U.S. Senate Committee on Commerce, Science, and Transportation convened for a hearing to review the nominations of three U.S. Department of Transportation modal administrations. The hearing was an opportunity for the nominees to provide remarks on their nominations, for Senators to raise questions, and for the nominees to provide insight into issues of concern and policy priorities as modal administrators.  

Nominee List 

• Derek Barrs, to be Administrator of the Federal Motor Carrier Safety Administration (FMCSA) 
• Jonathan Morrison, to be Administrator of the National Highway Traffic Safety Administration (NHTSA) 
• Paul Roberti, to be Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) 

All About Safety 

From a bird’s eye view, each of the nominees’ testimony included information about their experience and expertise they bring to the respective roles, along with contextual information about critical issues facing each agency. The core theme throughout all of the nominee testimony was an explicit commitment to safety. Whether in the context of motor vehicles, trucking, or pipelines, each of the nominees was clear in their commitment to prioritizing safety above all other priorities. Senators brought up a variety of concerns and questions related to each administration, but safety encompassed the majority of the questions and concerns.  

The nation’s roadway and pipeline infrastructure are vital to carrying people and goods. The value of these transportation networks is immense, contributing to economic output, and bringing people to see family, access healthcare, groceries, entertainment, employment, and nature. However, the nation’s roadways and pipelines are spaces of risk. Barrs highlighted that in 2023, there were 5,730 fatalities involving large truck and bus crashes. In his testimony, Morrison pointed to an increase in overall roadway fatalities from 36,000 in 2019 to 43,000 in 2021. Lack of seatbelt use, impaired driving, drunk, and distracted driving are all factors contributing to roadway fatalities. Roberti discussed the potential cybersecurity and physical threats to pipeline infrastructure. A disruption in the pipeline network can prevent energy or water from reaching a community.  

All of this information underpinned each nominee’s constant emphasis on safety throughout the hearing. Along with safety, the nominees also touched on effective and meaningful use of the administrations’ regulatory powers. Among the strategies discussed were providing more guidance for states and other stakeholders, encouraging technological innovation in the industry, and strengthening enforcement of rules. There was a consistent call for comprehensive and proactive approaches to automotive safety, incorporating both technological innovations and regulatory frameworks, effective messaging and enforcement, inter-agency collaboration, coordination among federal and local entities.  

Members from both sides of the aisle were clear that safety ought to be the foremost priority of each modal administration’s work. However, several exchanges between Sen. Bernie Moreno (R-OH), Sen. Ben Ray Lujan (D-NM), and Sen. Ed Markey (D-MA) revealed that while safety is a priority, for some members, a conversation about improving safety must also be cognizant of other issues such as cost. In particular, implementing safety technology into vehicles may raise vehicle costs. But between the cost of vehicles and cost of human lives, as Sen. Markey suggested, there is an inherent value of implementing safety technology, which as the senator put it, is “worth it.”  

Highlights for each Nominee 

Derek Barrs, FMCSA 

1. Commercial Driver’s License Qualifications: Committee chair Ted Cruz (R-TX) and Sen. Marsha Blackburn (R-TN) brought up concerns about CDL qualifications, particularly addressing concerns around CDLs being issued in Mexico and Canada and language barriers that may impeded communications between drivers and law enforcement. Barrs recognized that addressing CDL qualifications was an important issue. 
2. Freight and Cargo Theft: Barrs addressed concerns from Chair Cruz and Sen. Amy Klobuchar (D-MN) on cargo theft, suggesting various policies including promoting law enforcement training and penalizing offenders. Overall, Barrs acknowledged that cargo theft is a focus for him.  
3. Road Safety and Crash Prevention: Barrs emphasized the importance of preventative efforts in roadway safety, particularly in preventing crashes involving heavy trucks.  
4. Truck Parking Shortage: Responding to Sen. Jacky Rosen (D-NV), Barrs noted that working with other agencies such as FHWA is an important strategy for addressing trucking parking shortages. 

Jonathan Morrison, NHTSA 

1. Autonomous Vehicle Policy: In addressing AV policy, Morrison pointed to several key considerations: Federal leadership and a clear AV framework is necessary, regulations on AV technology should follow technological maturity, and agencies should guide innovation through best practices before establishing strict performance requirements. Responding to a concern from Sen. Gary Peters (D-MI), Morrison supported filling staffing gaps to effectively implement regulations.  
2. Distracted Driving: Responding to Sen. Klobuchar, Morrison noted that working with law enforcement to combat distracted driving is critical for the agency.  
3. Fleet Age Concerns: Sen. Moreno (R-OH) was concerned about the age of the vehicle fleet, prompting Morrison to discuss how he would address it. Morrison noted that older vehicles may have a higher risk of accidents and emphasized the need for fleet modernization and affordability for newer vehicles.  
4. Rural Road Safety: Morrison noted that rural areas experience disproportionately higher accident rates, necessitating targeted interventions. 

Paul Roberti, PHMSA 

1. Pipeline Safety and Protection: Responding to Ranking Member Maria Cantwell (D-WA) Roberti suggested that inter-departmental agreements, such as between PHMSA, and the Departments of Homeland Security and Energy is a useful strategy to leverage resources to keep pipelines protected. Roberti made it clear that information sharing between agencies is critical in ensuring that all available resources can be used to effectively protect pipelines.