Department of Transportation Fiscal Year 2023 Budget Priorities (S. Hrg. 117-835, May 3, 2022)
Summary
Transcript of S. Hrg. 117-835, "Department of Transportation Fiscal Year 2023 Budget Priorities," a May 3, 2022 hearing of the Committee on Commerce, Science, and Transportation chaired by Maria Cantwell, with Roger Wicker as Ranking member. The witness was Pete Buttigieg, Secretary, U.S. Department of Transportation. Senator Wicker's statement is followed by a Wall Street Journal editorial board article, "How to Kill American Infrastructure on the Sly", dated April 20, 2022. Statements from Senators including Klobuchar, Blackburn, Thune, Peters and Cruz are listed. One response to written questions states that, as of June 12, the Centers for Disease Control and Prevention no longer requires pre-departure COVID-19 testing for U.S.-bound air travelers.
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[Senate Hearing 117-835]
[From the U.S. Government Publishing Office]
S. Hrg. 117-835
DEPARTMENT OF TRANSPORTATION FISCAL YEAR
2023 BUDGET PRIORITIES
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
MAY 3, 2022
__________
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
54-759 PDF WASHINGTON : 2024
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND 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
Lila Helms, 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
----------
Page
Hearing held on May 3, 2022...................................... 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Wicker...................................... 3
Article dated April 20, 2022, entitled, ``How to Kill
American Infrastructure on the Sly'' by the Editorial Board
of the Wall Street Journal................................. 4
Statement of Senator Klobuchar................................... 13
Statement of Senator Blackburn................................... 15
Statement of Senator Thune....................................... 17
Statement of Senator Peters...................................... 19
Statement of Senator Fischer..................................... 21
Statement of Senator Rosen....................................... 23
Statement of Senator Young....................................... 25
Statement of Senator Baldwin..................................... 26
Statement of Senator Scott....................................... 28
Statement of Senator Lujan....................................... 30
Statement of Senator Capito...................................... 32
Statement of Senator Blumenthal.................................. 34
Statement of Senator Lummis...................................... 36
Statement of Senator Hickenlooper................................ 37
Statement of Senator Sullivan.................................... 39
Statement of Senator Tester...................................... 41
Statement of Senator Cruz........................................ 43
Statement of Senator Sinema...................................... 46
Statement of Senator Lee......................................... 48
Statement of Senator Warnock..................................... 50
Witnesses
Hon. Pete Buttigieg, Secretary, U.S. Department of Transportation 6
Prepared statement........................................... 8
Appendix
Response to questions submitted to Hon. Pete Buttigieg by:
Hon. Maria Cantwell.......................................... 53
Hon. Richard Blumenthal...................................... 61
Hon. Edward Markey........................................... 62
Hon. Tammy Duckworth......................................... 63
Hon. Jon Tester.............................................. 65
Hon. Ben Ray Lujan........................................... 65
Hon. Raphael Warnock......................................... 67
Hon. Roger Wicker............................................ 70
Hon. John Thune.............................................. 75
Hon. Ted Cruz................................................ 76
Hon. Deb Fischer............................................. 84
Hon. Jerry Moran............................................. 85
Hon. Dan Sullivan............................................ 85
Hon. Todd Young.............................................. 87
Hon. Mike Lee................................................ 87
Hon. Ron Johnson............................................. 92
Hon. Rick Scott.............................................. 95
DEPARTMENT OF TRANSPORTATION FISCAL YEAR
2023 BUDGET PRIORITIES
----------
TUESDAY, MAY 3, 2022
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10 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, Tester, Sinema, Rosen, Lujan, Hickenlooper,
Warnock, Wicker, Thune, Cruz, Fischer, Sullivan, Blackburn,
Young, Lee, Capito, Scott, and Lummis.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chair. The U.S. Senate Committee on Commerce, Science,
and Transportation will come to order.
Today we will hear from Secretary of Transportation Pete
Buttigieg to discuss DOT's budget priorities for Fiscal Year
2023 and DOT's budget request of $142 billion in Fiscal Year
2023.
For context, this represents a 60 percent increase from the
Trump Administration's last DOT budget request of $89 billion.
This significant increase is thanks to Members of Congress in a
bipartisan fashion and President Biden for making historic
investments in our Nation's infrastructure to create jobs,
prepare our Nation to remain competitive in the 21st Century.
The President's infrastructure package aims to solve
freight transportation challenges we are seeing today. Our
freight infrastructure was operating above capacity before the
pandemic but it was not able to handle a 44 percent increase in
e-commerce sales in 2 years.
Every part of our supply chain is strained due to capacity
issues. Since the middle of 2021 the number of container ships
waiting for a dock at U.S. ports have more than doubled,
peaking at 150 in early February.
Highway congestion has increased truck operating costs by
$74 billion. So freight services issues have increased the cost
of moving a single rail car by as much as $3,000, potentially
increasing the cost of moving agriculture products, for
example, from South Tacoma to the Port of Tacoma by 40 percent.
To address these congestions, we must improve capacity,
especially with freight shipments expected to increase 50
percent by 2050. I know the Ranking Member, this is a big
priority for him as it has been a priority for me in the state
of Washington.
The President's infrastructure project helps us by doing
the very things we need to do to invest, a historic $2.25
billion over 5 years for the Port Infrastructure Program, which
is a tripling of funding for this program this year.
We have seen the benefits of this program through the
modernization of Terminal 5 at the Port of Seattle which is
helping us deal with the increased volume of goods.
$350 billion in roads and bridges over the next 5 years, a
50 percent increase from the FAST Act of 2015, and DOT has
already allocated money to our states that are helping us
improve infrastructure, eight billion in freight rail over 5
years through the Crissy Program, a program that we authored in
the Surface Transportation Bill passed out of this committee
focusing on a grant program to help eliminate some of these
most congested bottlenecks in our communities and very much
appreciate our colleagues support on that.
Five billion increase over 5 years in the new programs for
mega projects that have national economic significance,
projects like this in my state, the I-5 bridge over the
Columbia River which joins Washington and Oregon but is a
critical part of the I-5 Critical Network all the way from the
Canadian border down to Mexico.
The department is also charged with helping minimize the
impacts that our transportation infrastructure has on our
environment. That means more than a century of building roads
and bridges and infrastructures have resulted in devastating
impacts to salmon in our state and fish passage in many other
states and so that is why the National Removal and Restoration
Program providing grants to states, local governments, and
tribes to help remove these culverts and replace and improve
fish passage is a key priority and so I look forward to hearing
from the Secretary on this and many other issues.
The department also needs to continue to focus on safety,
both in air transportation safety and in our roads. The tragic
increase of motor vehicle fatalities has shown we have a long
way to go.
In my state, the state of Washington, there were 634
highway-related fatalities in 2021 which is the most increase
since 2005. So I look forward to asking the Secretary about
this.
The budget request does help us improve safety and focusing
on expanding the FAA's technical capacity with the National Air
Grant Fellowship Program, an important step that Senator Blunt
and I sponsored and was then included in our Air Transportation
Safety Program.
This is a great program in building the capacity of
technical aviation assistance to every branch of government and
including here on Capitol Hill and so look forward and thank
you for having that included in the budget.
Safety must be a top priority in aviation and it must be a
top priority in aviation manufacturing. So we look forward to
continuing to focus on that with the Secretary, as well.
So these are many issues that we have to discuss. We will
be really seeing soon our aviation report as it relates to the
COVID package and the results of that package.
I know that many of my colleagues today will also ask about
refund issues because part of that report will also show that
refund issues and how the Department of Transportation could be
helping consumers have a guaranteed right to those refunds.
So with that, I'll turn it over to the Ranking Member.
STATEMENT OF THE HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you, Madam Chair, and I do appreciate
the Secretary being with us today and also I appreciate the way
he and his team have worked with our offices on getting funds
to local communities and to the states in a way that will
provide for infrastructure and jobs and better transportation
around the country.
Transportation plays a foundational role in developing,
shaping, and advancing our economy. We need a transportation
system that enables people and goods to move safely and
efficiently.
Last year Congress passed the largest infrastructure bill
in U.S. history. This legislation will make substantial
investments in hard infrastructure, such as roads, bridges,
railroads, ports, airports, pipelines, and broadband, and I
will say that members of this committee and members of the
Senate worked day-in and day-out with Secretary Buttigieg and
other members of the Cabinet and the Administration on specific
provisions of this legislation as we hammered out the
specifics.
The historic package, the infrastructure legislation was
carefully crafted to reflect bipartisan agreement among members
of this committee, but the way it is implemented will be
crucial in determining whether Americans actually see its
benefits.
The White House and Department of Transportation are
responsible for implementing this law as is written. Yet so far
that has not always been the case. For example, I joined
Senator Capito's letter to the Secretary expressing deep
concern about the Federal Highway Administration's memorandum
that discourages states from expanding highway capacity, and,
Madam Chair. At this point I would like to enter into the
record an opinion piece by the Editorial Board of the Wall
Street Journal: ``How to Kill American Infrastructure on the
Sly.''
The Chair. Without objection.
[The information referred to was entered into the record.]
How to Kill American Infrastructure on the Sly
The White House revises NEPA rules that will scuttle new roads, bridges
and oil and gas pipelines.
By The Editorial Board--April 20, 2022 6:23 pm ET
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Sections of the Enbridge Line 3 pipeline are seen on the
construction site in Park Rapids, Minn. PHOTO: KEREM YUCEL/AGENCE
FRANCE-PRESSE/GETTY IMAGES
Americans are going to need a split-screen for the Biden
Administration's policy contradictions. Even as the President on
Tuesday promoted the bipartisan infrastructure bill he signed last
November, the White House moved to make it harder to build roads,
bridges and, of course, oil and natural-gas pipelines.
The White House Council on Environmental Quality is revising rules
under the National Environmental Policy Act for permitting major
construction projects. CEQ Chair Brenda Mallory says the changes will
``provide regulatory certainty'' and ``reduce conflict.'' Instead, they
will cause more litigation and delays that raise construction costs, if
they don't kill projects outright.
NEPA requires Federal agencies to review the environmental impact
of major projects that are funded by the feds or require a Federal
permit. Reviews can take years and run thousands of pages, covering the
smallest potential impact on species, air or water quality. Project
developers can be forced to mitigate these effects by, say, relocating
species.
While the 1970 law was intended to prevent environmental disasters,
it has become a weapon to block development. The Trump Administration
sought to fast-track projects by limiting NEPA reviews to environmental
effects that are directly foreseeable--e.g., how a pipeline's
construction would affect a stream it crosses.
Some liberal judges, however, have interpreted NEPA broadly to
require the study of effects that indirectly result from a project such
as CO2 emissions. Now the Biden Administration is mandating
this. CEQ's new rule will require agencies to calculate the
``indirect'' and ``cumulative impacts'' that ``can result from
individually minor but collectively significant actions taking place
over a period of time.'' This means death by a thousand regulatory cuts
for many projects.
The Transportation Department will likely have to examine how a
highway expansion could increase greenhouse-gas emissions in concert
with new warehouses. The Federal Energy Regulatory Commission might
have to calculate how a new pipeline would affect emissions from
upstream production and downstream consumption.
Wait--didn't FERC recently walk back its policy to do exactly this?
The White House is thumbing its nose at West Virginia Sen. Joe Manchin,
who blasted FERC's now-suspended policy for shutting ``down the
infrastructure we desperately need as a country.''
The rule's obvious intent is to make it harder to build pipelines,
roads and other infrastructure that would enable more U.S. oil and gas
production, even as the Administration makes phony gestures to reduce
energy prices. Last Friday the Administration announced it would comply
with a court order to hold oil and gas lease sales on public land.
Those leases won't matter if energy companies can't get Federal permits
for rights-of-way.
While fossil fuels may be the rule's political target, don't be
surprised if green energy is snagged in this trip-wire. Environmental
groups have used NEPA to block new mineral mines and transmission lines
that connect distant renewable energy sources to population centers. In
this Administration, the left hand doesn't seem to know what the far
left hand is doing.
Senator Wicker. And basically let me just quote, if I
might, some portions of this editorial.
``The White House Council on Environmental Quality is
revising rules under the National Environmental Policy Act,
NEPA, for permitting major construction projects. CEQ Chair
Brenda Mallory says, ``The changes will provide regulatory
certainty and reduce conflict. Instead, they will cause more
litigation and delays that raise construction costs if they
don't kill projects outright.''
Speaking further and later on in the piece about NEPA,
``While the 1970 law was intended to prevent environmental
disasters, it has become a weapon to block development.''
The Trump Administration sought to fast track projects by
limiting NEPA reviews on environmental effects that are
directly foreseeable. For example, how a pipeline's
construction would affect a stream it crosses.
Some liberal judges, however, have interpreted NEPA broadly
to require the study of the effects that indirectly result from
a project, such as CO2 emissions. Now the Biden
Administration is mandating this, and I would interject at this
point I certainly hope that does not continue to be the case.
Continuing to quote, ``CEQ's new rule will require agencies
to calculate the indirect and cumulative impacts that can
result from individually minor but collectively significant
actions taken over a period of time. This means death by
thousand regulatory cuts for many projects.''
And I would simply say that I share the concerns of the
writers of this editorial that many of the projects and many of
the hopes we had coming out of the bipartisan Infrastructure
Act will not in fact be easy to accomplish.
Separately, the Federal Motor Carrier Safety
Administration's requiring motor carriers that want to
participate in the pilot program for 18- to!-year-old truck
drivers to have a registered apprenticeship program with the
Department of Labor.
There was no mention of either the Department of Labor or
registered apprenticeship programs in that provision of the
statute, again which was hammered out very deliberately and
carefully between Republicans and Democrats in conjunction with
members of the Administration.
Additionally, the Department of Transportation is requiring
applicants for major grant programs, such as the Port
Infrastructure Development Program, MEGA, or RAISE Programs, to
consider climate change and environmental justice in order to
receive funding despite no reference to those terms in those
parts of the bill.
I've heard from constituents who have decided not to apply
because of these burdensome additional conditions.
The Administration should not be using this carefully
crafted bipartisan law and carefully worded bipartisan law as
an opportunity to insert its own liberal priorities.
Nominating personnel is another key part to implementing
this bill and ensuring the safety and efficiency of our
transportation system. The FAA is currently without a Senate-
confirmed Administrator. We need one soon.
Additionally, the U.S. Merchant Marine Academy needs the
staff and resources to improve its facilities, upgrade the
training, and keep students safe.
I was pleased to see that the budget proposal includes an
additional $11 million to begin addressing the campus' deferred
maintenance and to hire adequate staff. I hope the Secretary
will ensure that this excellent school has the resources it
needs.
The ongoing supply chain issues plaguing our economy are
well known to the Committee. Implementing the infrastructure
law in a timely and effective manner will help address many of
those issues but there are also more near-term solutions to
consider.
The Senate recently passed Senator Klobuchar and Senator
Thune's Ocean Shipping Reform Act with unanimous support. This
bill includes key provisions from the Freight Act, which I
authored, and I urge the House to pass it without delay.
So at any rate, it's good to have our friend Secretary
Buttigieg with us today to iron out some of these issues and I
look forward to his testimony.
The Chair. Thank you, Senator Wicker, and I would say
you're reminding me that, you know, there are several positions
that are being held on the Republican side that are critical, I
think, to safety and its General Counsel. So I forgot to
mention that. So we'll get to those in the questioning period.
Thank you, Secretary Buttigieg, for being here, and thank
you for steering this major investment into our economy, as we
saw during my recess anyway, a lot of this investment in real
terms coming into effect, so very heartening in our
communities. So thank you for your leadership here and we
welcome you and please make your opening statement.
STATEMENT OF HON. PETE BUTTIGIEG, SECRETARY,
U.S. DEPARTMENT OF TRANSPORTATION
Secretary Buttigieg. Thank you very much, Chair Cantwell,
Ranking Member Wicker, and to all of the members of the
Committee.
I appreciate the opportunity to discuss the Department of
Transportation's Fiscal Year 2023 Budget and Priorities.
I want to first thank the members on both sides of the
aisle who delivered the bipartisan infrastructure law and the
Fiscal Year 2022 Omnibus.
This committee helped to deliver much-needed resources
vital for communities across America. Because of these historic
investments, the department is now in a much stronger position
to help build the transportation future the American people
need and deserve, one that's safer, more efficient, more
affordable for everyone from families transporting kids to
businesses moving goods, and we've acted urgently and
responsibly to do just that.
Let me offer just two examples. We recently saw the
dramatic collapse of a bridge in Pittsburgh where, if not for
the divine grace of a snow day, there could have been school
buses driving over that eight-story high bridge when it fell.
In December we provided the biggest Federal highway funding
to states in decades, $52.5 billion, to make roads and bridges
safer, more modern, and more resilient so people can get to
where they need to go.
Another urgent priority is addressing the pandemic-driven
supply chain disruptions and accompanying inflation, while also
ensuring our Nation's supply chains are resilient into the
future.
We've helped to create temporary or pop-up inland ports in
Seattle, Savannah, and Oakland. We made available an
unprecedented level of funding to modernize America's port
infrastructure and knowing that people are the most critical
element to supply chains, we've acted to help truck drivers,
including by addressing time spent behind the wheel without
being paid, guiding states to build additional safe truck
parking, and nearly doubling the number of registered
apprenticeship programs so that more new drivers enter the
profession with high-quality paid on-the-job training.
All of this is designed to help move record amounts of
goods more quickly and to stem the rising costs of shipping and
it's showing results.
A few weeks ago in Tell City in Southern Indiana, at a site
visit alongside the state transportation commissioner, I saw
how our Federal port investments will support shipments of pig
iron through a small river port, supporting jobs for over a
thousand people at a nearby foundry.
Across the country the total number of container ships
waiting for berths at U.S. ports has dropped by about 35
percent since peaking in early February. Employment for
trucking rose in 2021 to its highest level since 1990 and
grocery and drugstores have products in stock at almost the
exact level as before the pandemic.
But there is still far more to do to achieve our goals from
lowering costs to giving people back time in their day.
In Fiscal Year 2023 we're poised to build on early progress
with the President's budget for the Department of
Transportation that totals $142 billion, including $36.8
billion in advanced appropriations provided by the
infrastructure law.
Here are a few highlights. Safety remains our top priority
and our request includes funding to help address the crisis of
deaths on America's roadways as well as to support the
elimination of railroad grade crossings that are frequently
blocked by trains which will save lives and improve supply
chains.
With $4 billion for RAISE and the new MEGA Program, we will
rebuild century-old infrastructure and lay the groundwork for
America to compete and win in decades ahead.
We'll also start implementing our new rule for ambitious
fuel efficiency standards, projected to save the typical
household hundreds of dollars in gas costs, accelerate our move
toward energy independence, and reduce billions of metric tons
of carbon dioxide emissions.
We'll invest a total of $17.9 billion to reverse decades of
underinvestment in intercity passenger rail and make fast,
reliable train service available to more people, and to keep
making progress on supply chains and help move goods faster and
fight inflation, we'll invest a total of $680 million to
modernize ports, three billion to improve the roadways that
carry the majority of America's freight, and a total of $1.5
billion for CRISSY grants to improve freight rails.
That's just a sample of the improvements the American
people will experience when they fly, drive, ride, and shop as
enhancing our transportation systems directly helps lower the
transportation cost of goods and services.
This type of infrastructure transformation only happens at
most once every generation and it only happens if we work
together.
So I want to again thank you for showing that democracies
can deliver for the people they represent and for ensuring that
the United States remains the global economic leader.
I look forward to addressing your questions.
[The prepared statement of Secretary Buttigieg follows:]
Prepared Statement of Hon. Pete Buttigieg, Secretary,
U.S. Department of Transportation
Chair Cantwell, Ranking Member Wicker, and members of the
Committee, thank you for the opportunity to discuss the Department of
Transportation's Fiscal Year 2023 budget and priorities.
I first want to thank the Members on both sides of the aisle who
delivered the Bipartisan Infrastructure Law, and the FY 2022 Omnibus.
This Committee helped deliver much-needed resources, vital for
communities across America.
Because of these historic investments, the Department is now in a
much stronger position to help build the transportation future the
American people need and deserve . . . one that is safer, more
efficient, and more affordable for everyone, from families transporting
kids to businesses moving goods.
And we have acted urgently--and responsibly--to do just that. Let
me give just two examples.
We recently saw the dramatic collapse of a bridge in Pittsburgh,
where, if not for the divine grace of a snow day, there could have been
school buses driving over that 8-story high bridge when it fell. In
December, we provided the biggest Federal Highway funding to states in
decades, $52.5 billion, to make roads and bridges safer, more modern,
and more resilient so people can get where they need to go.
Another urgent priority is addressing the pandemic-driven supply
chain disruptions and accompanying inflation, while also ensuring the
Nation's supply chains are resilient into the future. We've helped
create pop-up inland ports in Seattle, Savannah, and Oakland. We've
made available an unprecedented level of funding to modernize America's
port infrastructure. And knowing that people are the most critical
element of supply chains, we've acted to help truck drivers, including
by addressing time spent behind the wheel without being paid, guiding
states to build additional safe truck parking, and nearly doubling the
number of registered apprenticeship programs so more new drivers enter
the profession with high-quality, paid, on-the-job training. All of
this is designed to help move record amounts of goods more quickly, and
to stem the rising costs of shipping. And it's showing results.
A few weeks ago in Tell City, Indiana, at a site visit alongside
the state Transportation Commissioner, I saw how our Federal port
investments will support shipments of pig iron through a small river
port, supporting jobs for over a thousand people at a foundry nearby.
Across the country, the total number of container ships waiting for
berths at U.S. ports has dropped by about 35 percent since peaking in
early February; employment for trucking rose in 2021
to its highest level since 1990; and grocery and drug stores have
products in stock at almost the exact level as before the pandemic.
But there is still far more to do to achieve our goals, from
lowering costs to giving people back time in their day. In Fiscal Year
2023, we are poised to build on early progress with a President's
budget for the Department of Transportation that totals $142 billion,
including $36.8 billion in advance appropriations provided by the
infrastructure law.
Here are a few highlights:
Safety remains our top priority, and our request includes
funding to help address the crisis of deaths on America's
roadways, as well as to support the elimination of railroad
grade crossings that are frequently blocked by trains, which
will save lives and improve supply chains.
With $4 billion for RAISE and the new Mega program, we will
rebuild century old infrastructure and lay the groundwork for
America to compete and win in decades ahead.
We will also start implementing our new rule for ambitious fuel
efficiency standards, projected to save the typical household
hundreds of dollars in gas costs, accelerate our move towards
energy independence, and reduce billions of metric tons of
carbon dioxide emissions.
We will invest a total of $17.9 billion to reverse decades of
underinvestment in intercity passenger rail and make fast,
reliable train service available to more people.
And to keep making progress on supply chains to help move goods
faster and fight inflation, we will invest a total of $680
million to modernize ports, $3 billion to improve the roadways
that carry the majority of America's freight, and a total of
$1.5 billion for CRISI grants to improve freight rail.
That's just a sample of the improvements the American people will
experience when they drive, fly, ride--and shop, as enhancing our
transportation systems directly helps lower the transportation costs of
goods and services.
This type of infrastructure transformation only happens at most
once every generation, and it only happens if we work together. So I
want to again thank you for showing that democracies can deliver for
the people they represent--and for ensuring that the United States
remains the global economic leader.
I look forward to taking your questions.
The Chair. Thank you, Mr. Secretary, and thank you for that
fine point on how infrastructure investment helps drive down
the cost of moving good and services.
I tell you my state feels this at every corner of our state
and so we certainly appreciate it.
If I could, I got several issues, if I could just run
through them as quickly as possible. The Port Infrastructure
Grant Program that you mentioned, we want to get those funds,
you know.
Will you commit to working with me to ensure that the
recipients are able to execute their own funding as soon as
possible to help speed up the port infrastructure congestion
issue? Sorry.
Secretary Buttigieg. Sorry. I didn't catch the question.
The Chair. So the question is so you're basically--I've
heard from stakeholders there's still confusion about how the
Maritime Administration will administer the new authority.
So I'm asking you, will you----
Secretary Buttigieg. I see.
The Chair.--commit to work with me and others to ensure
recipients can execute their own funding as soon as possible to
help speed up the projects?
Secretary Buttigieg. Yes, absolutely. The window for 2022
applications is open now and we want to see these dollars
deployed as promptly and effectively as possible.
The Chair. You know, I mentioned this issue of delayed--
people holding up some of your nominees, particularly NHTSA.
Since safety is such an issue and fatalities, I mentioned in my
opening statement.
Can you describe the impacts these delays are having on the
department?
Secretary Buttigieg. It would certainly be helpful to have
our nominees confirmed. People throughout the department are
doing a terrific job, but there's no substitute for having a
confirmed operating Administration head and then, of course,
that allows for a deputy to fully rise to their
responsibilities, as well.
That's important in NHTSA for safety, I would add, for the
CFO of the department that's been asked to handle such an
influx of funding.
Our General Counsel and many other positions which we are
very eager to see confirmations and for the benefit of safety,
supply chains, fiscal responsibility, and everything that we're
responsible for managing.
The Chair. And I mentioned--thank you for the air grant
support in the budget. Will you continue to oversee the FAA and
make sure that they are adhering to the law that we passed on
aviation safety and implementing those rules into law?
Secretary Buttigieg. Yes, we recognize the importance of
promptly and effectively implementing that law. My
understanding is about 30 percent of the new requirements or
prescriptions have been addressed so far and we'll continue
working to ensure that FAA meets its obligations and
responsibilities.
The Chair. Well, I think everybody's concerned with the
change in FAA Administration that we do have consistency and
continuity here and continue to make progress, that the FAA is
the final word here on safety, and they have to continue to
make the improvements that we've outlined by Congress.
One of the issues I know my colleagues are going to bring
up, my colleague Senator Markey and Blumenthal, and we
appreciate their leadership, is, you know, on these new rules
to address policy gaps in significant delays in flights and how
that was defined and whether consumers deserve to have refunds.
What is DOT going to do to help us set a standard so that
our consumers--you know, we're going to say the PSP and the
supply chain support by all of us collectively had positive
results, but we also want to make sure that our consumers who
felt the impact of the pandemic also get their response from
the airlines in a timely fashion.
So DOT has not set a standard for how long delay must be in
order to be significant. Are you going to be doing that?
Secretary Buttigieg. So we agree, in addition to supporting
a robust aviation sector, we need to make sure that airlines
are held accountable for doing right by consumers and make sure
the traveling public's treated fairly.
Part of how we responded to that is by enforcing on an
airline's obligation to provide refunds when there are
cancelations or significant changes to flights. We fined one
airline $4.5 million for extreme delays in providing refunds
and we're investigating and actively working on a rulemaking
that would address protections for consumers unable to travel
due to restrictions or concerns related to serious communicable
disease.
That rulemaking should be ready to go to OWIRA within days
and welcome the chance to work with you on other ways to make
sure that consumers have a positive experience and are treated
fairly by airlines.
The Chair. Thank you. I appreciate it. I know we're going
quickly through all these, but if I could get you on two other
issues.
On the budget request for an additional 1.5 for MEGA
projects and RAISE, can you explain what the additional funding
for projects look like and why this is so important?
Secretary Buttigieg. Well, these are flagship programs that
are going to allow us to support projects around the country,
everything from projects in the MEGA Program too large or
complex to fund through traditional streams to raise much of
which will go to smaller rural projects.
Again, we view it as important both for passengers and for
goods movement in the U.S.
The Chair. Thank you. And then on the culverts, I have to
take exception to my colleague. You know, we agree on many
things. You know, NEPA was something that Scoop Jackson was the
author of, the National Environmental Protection Act, and, you
know, when I look at my state and look at the transportation
infrastructure that's literally ruined, you know, stream
passage and, you know, the things that we're now having to pay
so much for because of the impacts.
I look at these issues and say we have to be able to do
both. I mean, that's what this transportation package said,
too. We have to be able to do both. We have to do smart
transportation infrastructure and continue to help make sure
that those things are protected.
I love the greening of our ports, particularly because it's
going to help us. We have air containment quality problems
throughout the United States and this is going to help.
So we've secured money for that and I just want to know
that you will work with NOAA to maximize the potential of this
program. We're waiting for NOAA and DOT to get together and
push forward on this.
Secretary Buttigieg. Yes, we're committed to working with
NOAA, Fish and Wildlife Service, and everybody in the
interagency who has expertise on this so that we can get those
$200 million for this year out the door, and we hope to have
that Notice of Funding Opportunity out this summer.
The Chair. Great. Senator Wicker.
Senator Wicker. Thank you, Madam Chair.
Just following up on that, Mr. Secretary, stream passage
would be a direct effect of building a bridge or road, would it
not?
Secretary Buttigieg. Yes, a culvert or a road construction,
depending, of course, on the specifics of the project.
Senator Wicker. OK. Not an indirect or a cumulative effect.
Let me just start by getting you to commit to following the
requirements of the bipartisan infrastructure law as enacted.
Secretary Buttigieg. Absolutely. Our aim and our intent is
to apply this law as written.
Senator Wicker. OK. Well, let's start with the truck driver
apprenticeship program. I think it's important to enact this.
This would allow 3,000 18- to 21-year-old drivers to
participate in operating interstate commerce.
As I mentioned in the statement, the additional requirement
that is not in the statute is that truck carriers seeking to
participate in this program register with the Department of
Labor as a registered apprenticeship.
As you know, there are Department of Labor apprenticeship
programs. There are also highly effective and longstanding
state apprenticeship programs. Both processes are burdensome in
many degrees and, for example, in my state of Mississippi,
community colleges have implemented their own apprenticeship
programs which have been quite effective.
Where in the section of the law does it say that the Labor
Department should require Department of Labor apprenticeship
programs?
Secretary Buttigieg. So I don't think that's in the text of
the law. It is in our aim to comply with the text of the law.
230.22 requires that we stand up this program and it set a
pretty short deadline, 60 days, for FMCSA to begin the safe
driver apprenticeship program.
Our challenge, of course, is to do so both swiftly and
safely and in this case, we believe that the best way to make
sure that we're meeting our obligation to ensure that there's
no tradeoff in safety as we introduce these younger drivers to
the road is to make sure that there's a clear and effective
pattern for mentorship and education.
So having an already-existing framework and a successful
one, we feel helps us to attract the broadest range of
participants and have a high level of retention to knowing the
excellent retention record of that program and also known to
lead to positive pay.
Senator Wicker. It is an already-existing framework that is
preferred by the political left. There are other existing and
effective frameworks, and I can tell you we're just going to
have to have a discussion about that because I think you've
chosen winners and losers in an arbitrary way there.
Have you been to the U.S. Merchant Marine Academy yet, Mr.
Secretary?
Secretary Buttigieg. I haven't. The Deputy Secretary was
there recently and I'm looking forward to an upcoming visit. We
don't have a date set just yet.
Senator Wicker. OK. I think you'll be very, very impressed,
but we've got some needs there, and there is a National Academy
of Public Administration, NAPA, study which says we're woefully
behind in expertise, training, technology, and personnel, and
yet it's still a great academy, but we've got to prioritize
these recommendations.
Will you commit to working with this committee in tracking
the progress on steps for these recommendations?
Secretary Buttigieg. Absolutely. We've been tracking it
closely from my office already and again look forward to seeing
how it's going on the ground, too.
Senator Wicker. OK. Now did you--what do you think about
this editorial that I read to you? There's no language in the
infrastructure law that authorizes DOT to require applicants to
address factors that are not listed in the statutes, and our
goal is to start building this infrastructure quickly.
For example, automobile dependence in building roads and
bridges, I mean, that's almost like a non sequitur. That's
going to make it harder to build highways and bridges saying
that the applicants must consider automobile dependence as a
factor.
Secretary Buttigieg. Well, the idea here is to make sure
that people have options, whether driving a car, whether taking
transit, whether using active transportation.
We want to make sure that we're moving toward a roadway and
highway network across the country that provides the most and
best options for Americans to get around.
Senator Wicker. OK. Well, I think what we are seeing and
what this editorial indicates is that we're going to see a lot
of minor factors pile up and slow projects much as the
litigation has done over the years.
You will admit that the litigation that this opinion piece
mentioned has, rightly or wrongly, served to delay the
implementation of infrastructure projects. You will admit that,
will you not?
Secretary Buttigieg. Well, our intention is to build good
stuff well and we would like to do that promptly, too. I would
say part of being prompt is making sure that there is
compliance with the law on the front end, meaning there will be
less litigation later in the life of the project.
Senator Wicker. Let's comply with the law and not read in
requirements that are not in the statute.
Thank you, Madam Chair.
The Chair. Thank you, Senator Wicker.
Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much to both of you.
Thank you, Secretary, for being here and for all your good
work.
You and I have discussed this bill a few times and I so
appreciate your leadership on the shipping and supply chain. I
think we know that we have to get this done. The past 2 years
have highlighted significant supply chain disruptions. Price of
shipping containers increased fourfold.
Of course, that goes on the backs of consumers because the
prices are passed down to them from manufacturers and farmers
who are hurt by this and that's why Senator Thune and I joined
together and I want to appreciate the leadership of the Chair
and the Ranking Member on this, as well, to get our bill
passed, the Ocean Shipping Reform Act, through the Senate, not
just this committee, thanks to the Chair and Ranking
Leadership, but also through the Senate Floor.
And now it's over in the House where there is a similar
version, but I just want to get this done as does Senator Thune
because I think the more that time ticks on, as we know,
anything can happen in this town. Things get delayed and we
have a winner here and we have a winner in terms of pushing the
shipping industry and actually showing that the Congress speaks
with one voice when it comes to shipping rates.
Could you talk about the urgency from your perspective of
getting this done?
Secretary Buttigieg. Thank you. Yes, we know we're in an
urgent moment when it comes to our supply chains. Anything we
can do to make shipping more efficient and effective is going
to make a difference at a time when we're fighting inflation
with everything that we've got.
I want to recognize your leadership and that of others that
you mentioned in moving the Ocean Shipping Reform Act and the
sooner that it can be enacted and signed, the sooner the FMC
can get to work with support from my department in making good
on those provisions.
Senator Klobuchar. Exactly. And, I mean, there is some talk
of putting it in another bill. I just--you know, whatever, but
months and months can go by. A bill that has like 60-70
conferees and we actually have--all of the groups have endorsed
this bill and I really think it's time to move and work this
through with the House because the months go by and we don't
send a message that we want to to the international shipping
conglomerates.
The other thing I wanted to talk about was trucker
shortages, you know, in addition to the congestion at our
ports. We've also faced a shortage of truck drivers. I think
it's estimated the trucking industry was short a record 80,000
drivers in 2021.
Could you talk about what the department is doing on that
front?
Secretary Buttigieg. Yes, we view this as a major issue,
and we need to make sure we're acting both to recruit and to
retain truck drivers.
On the recruiting side, we've been working with the
Department of Labor on registered apprenticeships. We've seen a
huge swell of trucking companies and consortia joining that.
We're working to recruit more veterans. We have the pilot for
younger drivers to safely enter the work force, and we need to
do more to make sure more women thrive in trucking careers. So
we have a whole body that's been set up now to work on that.
Then there's the retention piece. We lose about 300,000
truck drivers a year and so we need to look at everything from
working conditions to compensation. Among the conditions I
would mention as critically important is truck parking.
The sooner we can address those, the sooner we can not only
bring people into the career but have people stay and thrive in
that vitally important part of our supply chains.
Senator Klobuchar. Very good. Thank you for your emphasis
on that.
Distracted driving, I've long been working on that,
including with Senator Hoeven. Every day eight people die and
more than a thousand are injured in crashes. We've got money in
the bipartisan infrastructure bill on that.
Can you talk about the department's plans when it comes to
distracted driving?
Secretary Buttigieg. We made such gains as a country when
it came to impaired driving only to see the rise in distracted
driving, especially since the advent of the smart phone.
We need to recognize this as a major source of risk, a
major factor in fatalities, and as we roll out our new National
Roadway Safety Strategy, attention to this will be one of the
core elements of our work to save lives on our roadways.
Senator Klobuchar. OK. Very good. Going a little more
local, the Blatnik Bridge, which connects Minnesota and
Wisconsin, in fact the President the day after the State of the
Union visited the Blatnik Bridge, and earlier this year your
department announced significant funding for a number of grant
programs, including MEGA projects, projects that are too large
or complex for traditional funding programs.
How is the DOT coordinating and communicating with state
departments of transportation to promote competitive grants?
Appreciate the help we've already gotten with the
congressionally initiated projects as well as the grants you're
already giving out at, in my mind, a rapid pace as we all know
from being home, but talk about some of these bridge projects
and how important they are.
Secretary Buttigieg. Thank you. We've made over $70 billion
available. There's more where that came from in programs
ranging from the Bridge Investment Program to the Awards
Selections for programs like MEGA which you cited.
This is especially important for these large bridge
projects that are simply bigger than what's contemplated by a
lot of our competitive grant programs.
We're in close touch with state departments of
transportation. I would add Governors who are often
enthusiastic about these major bridge projects, and we're
committed to making sure that there's a smooth process for
those applications.
Senator Klobuchar. OK. Very good. Thank you very much,
Secretary.
Secretary Buttigieg. Thank you.
The Chair. Thank you, Senator Klobuchar.
Senator Blackburn.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Madam Chairman, and, Mr.
Secretary, again welcome. We are so pleased to have you before
us.
A couple of things I want to touch base with you on today.
There have been just billions of taxpayer dollars that have
ended up with fraud and abuse through some of the grants and
the different projects that are out there, and I know that when
you look at the infrastructure funding, some of the money that
is used for enhancements, not for roads and bridges, but for
walking trails, bike paths, things of that nature, have gone to
groups that I have got some questions about.
I think Tennesseans have questions about them. You've got
groups like Speak for the Trees which received a grant for a
project utilizing story-telling and tree walks aimed to
increase awareness surrounding an equitable tree canopy cover.
So talk to me about how you can assure us that this money
is going to go to what is needed, roads, bridges, railways.
You've already mentioned today a bridge collapse. You were with
me in Memphis when we toured and DOT worked with Tennessee and
Arkansas to address the bridge collapse.
So talk with me a little bit about your monitoring of these
grants and making certain this money goes for infrastructure.
Secretary Buttigieg. Well, thank you, Senator, and, of
course, I remember well the visit to Tennessee and our many
conversations about the importance of the I-40 bridge in
Memphis which went through that closure.
Every program that's in the bipartisan infrastructure law
will be subject to very strict controls and very high
standards, and I can tell you that, in addition to our own
personal attention to this, the President has charged each of
the department heads involved in implementing the
infrastructure law to make sure that our Inspectors General are
empowered to provide the oversight that is a very important
part of their work, as well.
Of course, if you encounter any case where you believe that
the law is not being followed in the implementation or delivery
of a project, we'd certainly encourage you to refer that to my
office and/or to the Inspector General because it is very
important----
Senator Blackburn. Well, we'd like to make certain that
these groups, as the one I mentioned, that money is not going
there when we need this for expanded roadways.
There are construction projects that are needed to
facilitate commerce and to see money going to something like
this is--when it's taxpayer dollars, it's not Federal
Government money, it's taxpayer money.
You and I talked earlier this morning about the automotive
innovation that is taking place in Tennessee, whether it's with
electric vehicles or with autonomous vehicles, and the AVs,
let's talk about those for a minute because China is investing
heavily in autonomous vehicles and trying to be first to market
and for a vehicle that is going to be affordable.
So, I would like to hear from you what you are doing at DOT
to support the states and to support some of the innovation
that is taking place not only with EVs but also with AVs, and
how are you working with the Federal motor vehicle safety
standards to set aside areas where this innovation and this
testing can take place in order to move these to
commercialization?
Secretary Buttigieg. Well, thank you for raising such an
important issue. The future of driving is unquestionably going
to include automated vehicles. If we get it right, it means
that our vehicle travel will be safer and more efficient.
So we're going to continue our collaboration with Congress,
with industry, with safety organizations, and other
stakeholders to make sure that we are supporting this kind of
innovation and making sure that it develops in ways that are
safe and beneficial.
I should mention that more than many people might be aware,
there is not a lot that would stop an automated vehicle from
being made available provided that it meets Federal motor
vehicle safety standards. We regulate the car, to simplify a
little bit, not the driver.
But what we're doing is we're working to make sure that our
regulations keep pace. I'll give a very simple example that
could be illustrative here.
We have a reference to airbag safety that refers to
passenger seats and driver seats, but, of course, if there is
no driver, we have to be concerned about left seat and right
seat, not a passenger seat and a driver seat.
So it's the very language of our regulations needs to be
updated and we're working on that right now to make sure we
keep pace with the innovations that are happening.
Senator Blackburn. OK. Thank you very much for that. I'm
out of time, but regulatory complexity continues to be a
problem. I asked you about this when you came before us for
your confirmation hearing. I will submit a question to you on
that for the record.
Thank you so much. Thanks, Madam Chair.
The Chair. Thank you, Senator Blackburn.
I don't see Senator Young on the screen, and I don't see
anybody on our side or on the screen. So I'm going to go to
Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Madam Chair.
Secretary Buttigieg, I appreciate that the department has
specifically committed to investing discretionary funding in
rural areas consistent with congressional directives. However,
I am concerned that pending regulatory matters the department
is not adequately considering rural states.
In establishing the Roots Council, this committee directed
the department through the Council to ensure that the unique
transportation needs and attributes of rural areas and Indian
tribes are fully addressed during the development and
implementation of programs, policies, and activities of the
department and that's quoting from the directive.
At last week's hearing before the Appropriations
Subcommittee, you mentioned that the proposed greenhouse gas
performance rule was sent to OMB.
My question is did the department subject this proposal to
careful consideration by the Roots Council in developing this
rule consistent with the congressional directive that I
mentioned above?
Secretary Buttigieg. I will check whether the Roots
Council, which is an internal body, has been involved or to
what extent they've been involved in the GHG rule and get back
to you on that.
Senator Thune. Well, if you would. I mean, I think the
unique needs and attributes of rural areas, things like
population density, need to be adequately addressed in the
rule, and as you know, measures to reduce emissions in urban
areas, such as increased public transit, are generally not
viable in rural areas.
So I would ask that if this particular review was not done
by the Roots Council that the rule be withdrawn from OMB and
that that review be undertaken. Is that something you can
commit to ensuring that input from the Roots Council will be
incorporated into the proposed rule?
Secretary Buttigieg. I don't know that I could commit to
withdrawing it from the OMB process, but I certainly will
commit that this rule and any rule will consider the interests
and needs of lower density rural and tribal communities.
Senator Thune. Back to AVs, you just got a question on
that, as you know, it's something I've worked over the past
several years to try and address in a bipartisan fashion and
that is to enact automated vehicles legislation which I do
believe is the key to ensuring that AVs are tested and deployed
under a safe and consistent regulatory framework, and I remain
committed to advancing this critical emerging technology, but
in the absence of legislation, I believe it's essential for the
department to establish a framework for the testing and
deployment of AVs, measures such as granting exemption
petitions or updating relevant regulations are crucial to
modernizing vehicle safety standards and gathering relevant
safety data to ensure that the U.S. maintains its leadership in
this important technology.
Will the department continue to support AV testing and
demonstration initiatives to ensure that the United States does
not fall behind in testing and deploying this critical safety
technology? In followup, if so, could you describe the
department's work to advance some of those programs?
Secretary Buttigieg. Yes, thank you. The short answer is
yes, and I'll share a couple examples that are within the realm
of our existing authorities, even pending congressional action,
to pave the way for further work on AVs.
One is that NHTSA has the authority under Section 555 to
allow the deployment of vehicles that would be exempt from
safety standards as long as an operator can show that it would
lead to an equivalent level of safety. There's a cap on that,
2,500 vehicles per year for 2 years, and they can be extended.
One exemption so far has been granted to a company called Nuro.
We do have additional petitions for exemption and are
moving to try to address those promptly.
The other thing I would mention is there's the exemption
called Box 7, that's for imported vehicles, and a number of
exemptions have been granted to allow for the deployment of
AVs. That's on restricted and specific routes but another way
to make sure that some of these innovations are playing out on
U.S. soil.
Senator Thune. The nation's trucking industry is the
backbone of our economy which we found out during the pandemic,
and I've advocated for a regulatory framework that provides the
flexibility that truckers need to safely deliver goods across
the country which is why I was pleased by the FMCSA's
publication of a final rule in June 2020 to increase hours of
service flexibility, and I will continue to advocate for
increased flexibility for agricultural and livestock haulers
who face unique circumstances associated with the goods that
they transport.
Could you describe how the department and FMCSA are
adequately considering the needs of small truckers and haulers
of agricultural goods when evaluating some of these regulatory
actions?
Secretary Buttigieg. Thank you. Yes, we recognize that
those who are hauling agricultural goods in the cold chain or
in particular livestock face different issues than if you're
hauling a load of shoes or other inanimate objects, and I think
that the framework of exemptions and the different DOT
requirements are intended to reflect that.
As your question notes, this is about being safe and
efficient at the same time. Our North Star, of course, has to
be safety, but when we can provide flexibility that doesn't cut
against the goal of safety, we will continue to do so.
Senator Thune. Well, and I hope that you will look for ways
to do that. That flexibility is really key and there are in
rural areas particularly when you're hauling these types of
loads, this kind of freight, I think there ought to be a
different application of some of these regulations which can be
not only very expensive but make it very, very difficult for
agricultural producers to get their animals and commodities to
their destination.
Thank you, Madam Chair--Mr. Chair. Sorry.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Senator Thune. I'm sitting in
for the Chair, and as Chair I'm also actually up for questions.
So I can recognize myself.
Secretary Buttigieg, good to have you here with us. Thank
you for the outstanding work you're doing and appreciate your
testimony here today.
Last week, along with 11 of my Senate colleagues, including
many members of this committee, I wrote to you about the need
to develop a Federal framework to facilitate the safe
development and the deployment of autonomous vehicles here in
the United States. I know you've already had some questions
related to that. So you know that this committee is certainly
very interested in this topic, and I know you've only had the
letter for 6 days. So I certainly don't expect a complete
answer to that letter here today but certainly appreciate your
attention.
But I do want to have a conversation about autonomous
vehicles and the fact of the matter is that 1 day I think we
all know that cars will be both electric and they will be
autonomous, as well. Those are really only two open questions.
First, will those cars be made here in America with good
paying jobs, including good paying union jobs, and, second,
will we enact policies today to achieve the best outcomes for
workers for society and the economy of tomorrow or will we be
reactive to what is inevitably coming?
History has taught us that technological change is
inevitable and while that has produced benefits for society,
there's plenty of examples of workers unfortunately getting
left behind as this technology moves forward.
So I believe we can seize the moment to mold a new pattern
because good jobs and innovation in my mind do not have to be
and are not mutually exclusive.
So my question for you is do you agree with me that we can
both embrace new technology, like autonomous vehicles, while
opening up opportunities for current transportation workers in
addition to creating new jobs, and what are some of the steps
you think are necessary for us to achieve that vision if you
agree?
Secretary Buttigieg. Thank you. We very much agree and like
you are interested in making sure that this transition, whether
we're talking about electric or automated, is principally made
in America, that it creates more opportunity and it can, but we
need to provide the right kind of policy framework.
We're doing everything we can with existing authorities to
make sure that it unfolds in a way that is safe, that builds
the confidence of Americans in these technologies, and at the
same time provides the flexibility for the kinds of research,
development, and testing that are needed, and believe that
there is more that we can be doing with our existing
authorities, but also very much believe we need to work with
Congress to have a legislative framework that adequately
contemplates these kinds of vehicles becoming more widespread.
Senator Peters. Well, I appreciate that and if we have time
more questions related to that, but I want to shift a little
bit here to a different topic.
Over the past year, we've seen substantial congestion at
ports on the East Coast and the West Coast which all
contributed to significant delays and problems for our economy,
and I believe that part of the solution to ensuring that we
don't see congestion like this again is to make better use of
our ports in the Great Lakes which can play a significant role
in easing congestion at coastal ports. They improve the
efficient movement of freight and reduce emissions in the
process which is great for our environment.
However, in order to achieve these goals, we need to ensure
that all seaports have equitable access to Federal resources
and are held to the same standards and that's why I'm committed
to working with our smaller seaports as they work to balance
security concerns and evolving threats with port business
operations and the need to move freight.
So my question for you, Mr. Secretary, is can you describe
your vision for how we can better support smaller seaports and
ensure equitable distribution of resources as well as the role
that they can play in alleviating congestion at our larger
coastal ports?
As someone who is intimately familiar with the Great Lakes
Region, I'd love to have your thoughts.
Secretary Buttigieg. Well, thank you. This is a very
important dimension of how we can address our supply chain
challenges and move goods in ways that are more environmentally
responsible for the long run, too.
As you know, the bipartisan infrastructure law authorized a
major step up in the Port Infrastructure Development Program,
$684 million being made available this year if you combine the
supplemental funding with what Congress enacted, and so we
recognize the importance of supporting our ports and while most
of the headlines and the public imagination might center on our
largest container ports on the East and West Coast, our Great
Lakes ports, and I might add our river ports, play a very
important role.
For example, with PIDP, recently we were able to support an
investment in Marquette, Michigan, I think another one in
Alpena, which might seem small relative to what you might see
in L.A. or Long Beach, but are no less important for that
regional economy and those investments add up.
So you have my commitment that with PIDP we will be paying
attention to the potential of smaller inland and freshwater
ports as well as our large coastal ports.
Senator Peters. Well, it's good to hear, and in fact this
weekend I'll be in Traverse City at a graduation ceremony for
our Great Lakes Maritime Academy there----
Secretary Buttigieg. Wonderful.
Senator Peters.--which will be graduating mariners that are
on the Great Lakes freighters and I know you see those
freighters, as well, move tremendous amount of cargo. There's
tremendous opportunities for us to continue to grow that
industry within the Great Lakes and appreciate your support for
us and for doing that.
Secretary Buttigieg. Thank you.
Senator Peters. Thank you for your answers.
Senator Fischer, you are recognized for your questions.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Senator Peters.
Good morning, Mr. Secretary.
Secretary Buttigieg. Good morning.
Senator Fischer. It's nice to see you. Mr. Secretary, in
March, Sky West filed a 90-day notice of its intent to
terminate service at 29 essential air service communities.
Nebraska has three communities served by Sky West: Carney,
North Platte, and Scotts Bluff.
I'm concerned about this development because essential air
service is critical for these rural communities. Last week, I
sent a letter requesting the DOT continue issuing a hold in
order for these Nebraska airports requiring Sky West to perform
the minimum service required by statute.
Will you commit to continue issuing hold in orders to Sky
West and ensure their contractual obligations are upheld in
providing service to these rural communities?
Secretary Buttigieg. Well, thank you for the question. We
recognize how important EAS is and share your concern about
this announcement by Sky West.
As you know, the DOT has acted to order them to continue
service and while we'll prepare a formal response to your
letter, I can tell you that we envision extensions in order to
make sure that the public is served.
Senator Fischer. Thank you. I hope that you'll work with my
office so that we can preserve the Essential Air Service
Program that ensures that smaller communities across my state
and across this country can access larger aviation networks.
Mr. Secretary, I found recent comments from political
appointees within the Administration to be extremely worrisome
when it comes to decisionmaking that is traditionally left up
to our states.
For example, internal guidance about the December 16th FHWA
memo directed staff on how to implement not only discretionary
grants but also formula funding and the NEPA process.
These actions do not align with the bipartisan intent of
the law, a law that I supported. It appears that this
Administration intends to have a heavy-handed and really an
adversarial approach with the state DOTs in the implementation
of the Highway Program. This is a stark departure for the
FHWA's relationship with state DOTs historically.
Mr. Secretary, do you feel the Administration is trying to
strong-arm state DOTs and local partners in the implementation
of the law in order to advance the climate change goals that
didn't make it into that bipartisan bill?
Secretary Buttigieg. Senator, I would say we very much
value our working partnership with state departments of
transportation and we recognize that there are different
conditions and needs in different states.
We view the guidance as stating common sense priorities
that are important to us as an Administration and a department,
but also take care to make sure that any guidance that goes out
internally or externally is compatible with the law as written
and certainly nothing, for example, in this guidance would
preclude any lawful use of funds from taking place, and if
there's ever any indication that comes to you of a project that
is otherwise lawful, that runs into trouble, I would certainly
welcome a chance to speak with you about it.
Senator Fischer. OK. I will hold that to you, sir, that we
have that conversation because I know it's not just my state
department but it is many others across this country that are
concerned about the direction they see this going.
In your view, what is the FHWA administrator's role in
working with transportation partners that have really boots on
the ground and are charged with turning dirt to complete these
projects?
Ultimately, the success of this program, it really depends
on the local and the state partners to get the job done. It is
not Federal bureaucrats that are going to be doing this.
Secretary Buttigieg. Well, again, we view this as a
partnership. Of course, we have a responsibility to make sure
that the states spend the funds in ways that are compliant with
Federal law, but ultimately the bulk of the dollars are
directed and deployed by those state leaders and Federal
Highway has a presence on the ground in every state, as you
know, which allows us to have an especially tight working
relationship.
What I've found is the different states are at different
levels of, I would say, energy when it comes to pursuing some
of the goals that are of interest federally and have different
priorities based on conditions on the ground.
What I think is going to be most important is to ensure
that these dollars are used in a way that maximizes the value
for the taxpayer and we recognize that that may mean different
things in different contexts, but we'll, of course, be
responsible for ensuring that any use is compliant with the
law.
Senator Fischer. I appreciate that because every state is
different. Every state has funded different infrastructure
projects within their state differently, as well, and to be
able to have a state set priorities without the Federal
Government coming in or without federally elected Senators and
representatives picking projects that they think should be
priorities, I think you have to look at how states set those
priorities, how they determine what those priorities are, based
on the plans that they have worked on forever, and the goals
that they set forth in their 5-year plans, their 10-year plans
in meeting the growth that they see in various parts of their
state. That's extremely important to be able to have those
decisions made at the state and local levels, don't you agree?
Secretary Buttigieg. Well, I agree, and I think it's in the
context of a dialogue where, you know, Washington is never
going to know all of the details of local context.
On the other hand, we may have access to best practices or
important things to consider and we value that exchange where
we provide whatever knowledge, insight, and resources we can
and the states, of course, are on the ground actually
implementing the formula dollars.
Senator Fischer. OK. Thank you. I appreciate your openness
to have a conversation. You have been that way in the past and
I look forward to future conversations with you. Thank you.
Secretary Buttigieg. Thank you.
Senator Peters. Thank you, Senator Fischer.
Senator Rosen, you are recognized for your questions.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Thank you, Chair Peters, and appreciate you
being here, Mr. Secretary.
I'm just going to get right to it because I want to talk
travel and tourism, something that's important to every single
state in this country and more than 2 years into the pandemic
international tourism and business travel to Las Vegas remain
below 2019 levels, and our travel and tourism industry, well,
it continues to face challenges.
The Infrastructure Investment and Jobs Act included my
bipartisan bill with Ranking Member Wicker, the Tourism Act,
which requires the Department of Transportation to update the
National Travel and Tourism Infrastructure Strategic Plan and
develop an immediate and long-term strategy for using
infrastructure investments to revive the travel and tourism
economy, of course, in the wake of the pandemic.
So, Mr. Secretary, the law we passed requires these updates
to be made and these strategies to be developed 180 days after
enactment which gives the department, well, until May 14.
Given this impending deadline, can you provide the
Committee an update today on the status of the National Travel
and Tourism Infrastructure Strategic Plan?
Secretary Buttigieg. Well, thank you. We know how important
travel and tourism is to every economy, certainly to the
economy of Nevada, and as you know, there was a lot of
attention to this in the bipartisan infrastructure law.
Previously under the FAST Act, there was a National
Advisory Committee on Travel and Tourism Infrastructure that
DOT supported. That didn't get dedicated funding but there are
additional requirements now that are in the bill that includes
updating the Strategic Plan which needs to include elements
related to COVID-19 recovery.
Also a study of how our own department evaluates travel and
tourism needs in considering applications for grants that are
coming in for our programs and establishing a chief travel and
tourism officer for our department to carry out the Strategic
Plan and other related matters. I can tell you we are working
on all of these pieces.
Right now we're participating in the Tourism Policy Council
that's led by the Commerce Department. They are developing the
National Travel and Tourism Strategy. We want to make sure that
that's completed in order for us to integrate that into our own
Travel and Tourism Strategic Plan and, of course, our goal is
to do so as promptly as possible.
Senator Rosen. Well, thank you. I appreciate that. Like I
said, I believe that travel and tourism are probably in the top
economic drivers for every state in this country. So it's a
really important bipartisan issue.
I also want to talk about electric vehicle charging
stations in the West because in the Infrastructure Investment
and Jobs Act, we authorized the National Electric Vehicle
Infrastructure Formula Program. It provides funding to states
to strategically deploy electric vehicle charging
infrastructures.
Well, the DOT's guidance for the program suggested that
states designated alternative fuel corridors for EVs will not
be considered fully built out, a designation either for states
to even be able to take full advantage of available funding
until EV charging that infrastructure is installed every 50
miles along a state's portion of the interstate highway system.
Well, I just wanted to tell you the 50-mile criteria could
be challenging for Nevada. Many of our Western neighbors to me,
for example, on Interstate 80 in some of the most rural areas,
there are seven charging infrastructure gaps of more than 50
miles and so, Secretary Buttigieg, how does DOT plan to provide
Western states some flexibility in these vast areas, rural,
mountainous, frontier areas, given the challenges with
geography and power resources in our rural communities?
Secretary Buttigieg. Well, certainly, Senator, I understand
that I-80 in Nevada looks very different than I-80 as it passes
through South Bend, Indiana, and we're trying to ensure that
our practices reflect an understanding of that difference.
Of course, the intent of the National Electric Vehicle
Investment Program is to address range anxiety by ensuring that
whenever you go on a road trip you know that there would be
access to reliable and excellent EV charging stations and, you
know, we need to make sure that that's available even in remote
regions.
But I will say that the program allows states to submit
requests for exceptions based on conditions that could be
justified by reasoned justification provided by the state.
Each of those will be reviewed on a case-by-case basis and
I don't want to prejudge how those will be viewed, but
certainly any state that feels it has a merit for an exception
request we'd encourage that to be submitted and considered.
Senator Rosen. Thank you. I appreciate that because, like I
said, the Mountain West is going to have definite differences
than that of Indiana for sure.
The last thing I--well, the last question I will ask, if I
could submit that for the record, is about autonomous vehicles
and the challenges and opportunities we have about employing
artificial intelligence and machine learning.
I'll take those off the record. We're in the middle of a
vote. I'm taking over the Chair temporarily while others are
voting. So I will take this time to thank you and recognize
Senator Young.
STATEMENT OF HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Thank you, Madam Chair. Welcome, Mr.
Secretary. Good to have you before the Committee.
In your testimony you discuss the ``crisis of deaths'' on
America's roadways and the urgent need to address this major
safety concern and I couldn't agree more.
One significant way to tackle this crisis in the short,
medium, and long term is to support the development and
deployment of automated vehicles. AVs have the potential to
increase safety, reduce traffic, and benefit the disabled,
blind, elderly, and others.
The United States has long been at the forefront of
automated vehicle innovation. However, as we approach a
critical point in the evolution of the technology and companies
need opportunities to safely scale, testing, and deployment,
other nations are creating opportunities that don't exist here
in the U.S. For example, Singapore has dedicated over 620
square miles of road testing for AV testing.
Secretary Buttigieg, are automated vehicles a priority of
the Department of Transportation and this Administration and,
if so, do you support passage of a national AV framework?
Secretary Buttigieg. They are a priority for us, partly for
the reason you cited. We're in the middle of a crisis of
roadway deaths and one of the many promises that exists or
areas of promise that exists with AVs is an opportunity to
fundamentally change the safety outcomes on our roadways.
We're doing what we can with the authorities and
flexibilities that we have, but we lack a fully established
legislative framework for that and we would welcome one that
would clarify authorities and, in particular, I would mention a
division of labor that unofficially exists between my
department and the states which doesn't really contemplate
automated vehicles and that's that we tend to regulate or
assure the safety of the design of the vehicle and the state
DMVs are concerned with the driver.
That framework makes sense until you have a scenario where
the vehicle is the driver. I don't know how we can address some
of those issues without the involvement of Congress.
Senator Young. Thank you for that. What is DOT doing to
support, you know, creation of pathways for the safe expansion
of testing and deployment of automated vehicles in the U.S.?
Secretary Buttigieg. So one thing we're doing is we're
using the statutory authority that NHTSA does have to allow
deployments of vehicles that are exempt from the vehicle safety
standards.
To give you a few examples of how this might come into
play, a vehicle state safety standard right now might prescribe
where a mirror has to go in a vehicle that doesn't have a
driver. The same thing around the steering wheel, et cetera.
There's a limit to how many exemptions can be authorized.
We can offer up to 2,500 per year for 2 years, so effectively
5,000 per applicant. So far we've granted one exemption, but we
have more exemptions that have been requested and are working
promptly to address those because we do want to see the kind of
research, development, and testing continue and, of course, we
want to see the AV future made in America.
Senator Young. Thank you, Secretary. The department's
currently relying on a Standing General Order to collect
specific safety-related data on driver-assist technologies and
automated driving systems being tested on U.S. roads.
What is the goal of this Standing General Order and why is
the department relying on this Standing General Order approach
as opposed to something like a pilot program or streamlined and
expanded exemptions which would, I would think, provide the
department with much more robust data needed to inform future
regulations as well as other policy priorities related to AVs?
Secretary Buttigieg. So the Standing General Order is
intended to help us to assess the safety of automated vehicles
and also position our department to take action if an automated
vehicle or an advanced driver assistance system vehicle poses
an unreasonable risk to safety, and by doing that, by requiring
operators and manufacturers of AVs and of ADAS systems to
report crashes.
In the case of automated systems, that's all crashes. In
the case of driver assistance systems, it's serious crashes. We
think it allows us to gather that information and take action
where needed.
The most recent or certainly one example would be the Pony
AI ADS recall which took place in March of this year. That
happened because of information that we had visibility on
through that Standing General Order and the reporting that it
mandated.
Again, this is something that could no doubt be refined
through updated congressional authorities, but it's an effort
to make sure with the authorities that we do have that we're
not missing visibility on anything that could pose a risk.
Senator Young. So would the Administration be open to
specific directive that gave the department, you know, the
authority to stand up a pilot program which in turn, I would
hope, would lead to more robust data collection about AVs?
Secretary Buttigieg. We'd certainly be interested in
working with you to frame something like that.
Senator Young. OK. Thank you, Mr. Secretary.
Secretary Buttigieg. Thank you.
Senator Rosen. Senator Baldwin.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you.
Good morning. It is good to see you, and a few weeks ago I
know you were in the state of Wisconsin visiting Coloma and
highlighting rural investments from the bipartisan
infrastructure law and our ongoing work to support the
engineering and road-building workforce.
I'm also really pleased to know that you were able to spend
the day with high schoolers who were eager to learn about
careers in the construction trades. So it's marvelous.
When you came before us back in January 2021, I asked you
about Buy America waivers for manufactured goods. This waiver
has been in place for over 40 years and that's despite the
clear intention of Congress to require that Federal dollars
only buy American-made manufactured goods.
As you know, I pushed to include strong Buy America
requirements in the bipartisan infrastructure law and this gave
agencies 6 months to put procedures in place for full
implementation by May 14th. However, last week the department
announced that it intends to seek a waiver of Buy America
requirements to purchase American-made construction materials
for 180 days.
Given the history with perpetual waivers at DOT, I'm
concerned by this waiver and would like your assurance that DOT
intends to fulfill its Buy America requirements promptly and
fully?
Secretary Buttigieg. So we are committed to delivering on
the intent of the Buy America provisions in the law. We
recognize how important it is to the country and certainly to
states like Wisconsin and to areas like my industrial
Midwestern hometown.
On April 28, we posted for public comment the Proposed
Temporary Public Interest Waiver to provide recipients of DOT
funding and their vendors what's intended to be a reasonable
adjustment period and that is open for comment through May 13.
But let me just back up and state philosophically we view
waivers not as an alternative to increasing domestic production
but only as a tool for allowing us to get on the right path. We
certainly don't envision them as perpetual.
We recognize that capacity has to be built and so in order
to deliver on these projects, some early flexibility may be
needed, but we also recognize how important it is to balance
that with serious requirements and clear demand signals that as
soon as that capacity can be stood up domestically it needs to
be used rather than foreign sources.
Senator Baldwin. Thank you. The bipartisan infrastructure
law also contains historic investments in our Nation's roads
and bridges and it allows us to ensure that those investments
support infrastructure that is better able to withstand extreme
weather and the effects of climate change.
Secretary, the new law incorporates bipartisan legislation
that I introduced called ``The Rebuilding Stronger
Infrastructure Act'' which will enable states to use emergency
highway funding to rebuild infrastructure that is more
resilient, that can withstand the next flood, the next storm.
Can you provide me with the status of implementation of
that provision?
Secretary Buttigieg. So the law, as you mentioned, requires
several updates to the Emergency Relief Program, including one
to include resilience in the ER Manual.
I can tell you that there's a comprehensive update underway
with Federal Highway to the manual which will include these
requirements. It's a big undertaking but we are hard at work on
delivering that, and as you indicated, there's an increasing
need to recognize when these funds go out that it makes little
sense to have the asset be equally vulnerable after the
spending as it was before only to have the potential further
damage take place.
So we recognize the importance of this provision in the law
and we're working as promptly as we can to deliver on it.
Senator Baldwin. That's good. I'd also like to give you the
opportunity to highlight the investments that are included in
your Fiscal Year 2023 Budget Request that also support
stronger, more resilient infrastructure.
Secretary Buttigieg. Yes, thank you. There are $7.3 billion
in formula funding under Protect and 1.4 in competitive grants
over 5 years for this and our budget request reflects our
desire to get those dollars moving.
We need to support communities that already know often
where the greatest resiliency needs are but haven't had
dedicated funding to help them address that and we're looking
forward to working with project sponsors and with state, local,
and tribal transportation authorities to get these dollars
aligned in the right way to make that transportation
infrastructure resilient for the future.
Senator Baldwin. Thank you. No one saw it, but the gavel
magically moved to me and so I would like to now recognize
Senator Scott for your questions.
STATEMENT OF HON. RICK SCOTT,
U.S. SENATOR FROM FLORIDA
Senator Scott. Thank you. First, I want to thank Chair
Cantwell for hosting this important hearing.
Secretary, I've been calling on you to testify for more
than 6 months to understand exactly what you've been doing with
regard to inflation and the supply chain crisis.
But first let's talk about 16 months ago, in January 2021
you were open to increasing the gas tax when you testified. Now
we've seen this unbelievable increase in gas prices.
So can you tell me where you are on increasing the gas tax?
Secretary Buttigieg. So as you know, there are a number of
proposals in Congress on gas tax holiday provisions. I think
that all options need to be on the table when it comes to
relief.
We also have----
Senator Scott. That doesn't answer my question. So you're
consistent that you still are open to raising the gas tax?
Secretary Buttigieg. No, we are not open to raising the gas
tax right now. We are open to provisions to provide relief
which is being discussed here in Congress.
Senator Scott. OK.
Secretary Buttigieg. Thank you for the chance to clarify
that.
Senator Scott. Next, since you were here last time,
inflation has gone from 1.4 percent to 8.5 percent. The Biden
Administration has called this ``rage inflation crisis'' and
huge increases in prices a ``high-class problem.''
So do you believe this 8.5 percent inflation is a high-
class problem?
Secretary Buttigieg. Sir, which Biden Administration member
used those words?
Senator Scott. I think it was Psaki who said it was a high-
class problem.
Secretary Buttigieg. So we view it as a problem and that's
why we're doing everything we can to cut costs for American
consumers.
Now when it comes to gas, obviously an oil company doesn't
check with the Administration on how much to charge for the
price of gas, but that's exactly why we feel----
Senator Scott. So you believe that the oil and gas
companies are the problem here, not the Biden Administration
shutting down the pipeline, making it difficult for more oil
and gas to be produced in this country?
Secretary Buttigieg. Well, as you know, there are thousands
of permits right now for oil and gas production that the oil
and gas companies are choosing not to use.
Senator Scott. The leases are there, not the permits are
there. Your Administration has prevented people from getting
the permits to drill for more oil and gas. We're seeing record
prices.
Secretary Buttigieg. I'm sure you're aware, Senator, of the
statements from oil company executives that they're not
pursuing production at this time because they're so profitable.
Senator Scott. No, that's not true. Next,----
Secretary Buttigieg. That statement is----
Senator Scott.--let me ask you another question. Secretary
Raimondo was here last week and she said that, when I asked
her--first off, do you take any responsibility for the
inflation crisis we're having in the country?
Secretary Buttigieg. We take responsibility for doing
everything we can to ease shipping costs which are one of the
things in my view that contribute to inflation.
Senator Scott. Secretary Raimondo said that it was the
Federal Reserve's problem. Inflation was the Federal Reserve's
problem. So do you agree with her that the Biden
Administration's not responsible, has nothing to do with focus
on tax increases, making it more difficult to get permits, this
unbelievable regulatory environment that's causing inflation?
Do you believe it's all the Federal Reserve?
Secretary Buttigieg. Well, we certainly oppose tax
increases, especially for the poor, but what I would also say
is that in the balance between monetary and fiscal policy, both
of those can have an effect on inflation. It's one of the
reasons why we're acting to reduce the things in the shipping
sector, the part that we view as most under the area of
responsibility of the Department of Transportation knowing that
that can contribute to high prices, right.
You look at the spot rates, whether we're talking about
land side trucking or whether we're talking about ocean
shipping, and those are unquestionably part of the source of
pressure on prices.
Senator Scott. So you saw the GDP numbers. We had negative
GDP for the first quarter, 1.4 percent down. So do you believe
we have a rolling economy as Secretary Raimondo said?
Secretary Buttigieg. Well, if you look at the period of the
Biden Administration so far, obviously there has been
exceptionally high rates of economic growth and exceptionally
high rates of a drop in unemployment. We think that's due to
the fiscal policies of this Administration. We know it's going
to take a lot of work to keep that going.
Senator Scott. 1.4 percent drop in GDP is pretty
significant.
You saw the crisis out in the ports in California and what
I was surprised is--you've seen the pictures--that you only
went out there one time, and why would you not have gone out
there more when it was one of the biggest crises we've ever had
in shipping in this country?
Secretary Buttigieg. Well, one thing that we did was take
advantage of opportunities to convene players from around the
country virtually. I think I've met in person with the--I mean
physically as well as virtually with the directors of those
ports something like half a dozen times, but I would also add
that when you see those ships backed up in L.A. and Long Beach,
for example, part of that has to do with what's going on at the
port but a lot of that could be the result of issues that are
thousands of miles inland.
So it is just as important to be dealing with intermodal
issues in the Midwest, the crisis or certainly problem of
availability of labor for truck driving, as it is the things
that are actually physically located at the port, and we're
proud of the investments that we've made in ports on the West
Coast and around the country.
Senator Scott. Let me ask you one last question. So you've
seen in the last--since President Biden got elected, you've
seen gas prices way up, inflation up, supply chain crises. You
ran for president. You worked hard to become president. What
would you have done differently----
Secretary Buttigieg. Done differently from?
Senator Scott.--than the Biden Administration has done?
Secretary Buttigieg. Well, I'm sure hindsight will point to
all kinds of things that we could refine, but what we're doing
right now I believe is going to make the biggest difference.
Now, of course, if we could persuade more of your
colleagues to ease some of the other sources of pressure on
families facing inflation, from insulin costs to the cost of
childcare, we think that might take the edge off some of the
dynamics of global petroleum markets, but faced with the tools
that we have, we're proud of the work that we've done to cut
the backlog of containers, to cut other things that are gumming
up our supply chains. You have my commitment that we'll
continue that work.
Senator Scott. Thank you.
Senator Baldwin. Next, I recognize Senator Lujan for his
questions.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. Thank you so much, Chair Baldwin.
Secretary Buttigieg, good to see you again, and I want to
begin by thanking you for working with us. Senator Scott and I
worked to pass the HALT Act, Honoring Abbas Family Legacy to
Terminate Drunk Driving Act as part of the bipartisan
infrastructure law.
The law requires, as you know, all new passenger cars to
include impaired driving technology to end drunk driving once
and for all, and now it's up to the Department of
Transportation and NHTSA to implement this statute.
One concern I do have, Mr. Secretary, though, is the
National Roadway Safety Strategy you released in January of
this year said that you would ``initiate a rulemaking'' for
other safety standards, but when the report discussed the HALT
and RIDE Act, the document said, ``Consider a rulemaking
effort.''
I am concerned that your office is holding the requirement
as a lesser standard and using ``consider'' when talking about
the RIDE and HALT Act.
Mr. Secretary, are you aware that Section 24.220 of the
IIJA requires you to issue a final rule within 3 years to
require passenger motor vehicles to be equipped with advanced
impaired driving prevention technology?
Secretary Buttigieg. Thank you. Yes, and we are committed
to implementing Section 24.220.
Senator Lujan. Mr. Secretary, the statute requires you to
establish this rule, not consider it. Why then did the National
Safety Strategy say and use the word ``consider?''
Secretary Buttigieg. I'll investigate the alignment of that
language. What I know is that the final rule has to establish a
Federal motor vehicle safety standard that would also have to
meet all the requirements that go into any FMVSS.
I know that it will take a lot to ensure that the timelines
can work, but what I can commit to you now, pending my double-
checking on the alignment of that language, is our desire to
make sure that that happens as promptly as we responsibly can
do.
Senator Lujan. I appreciate your commitment there, Mr.
Secretary.
Based on what I've been learning here is that OMB had
something to say about this, and I hope that the OMB folks are
listening in to this hearing and I'll be calling them soon to
find out what's going on.
From the beginning we were warned that many of the auto
manufacturers are going to do everything they can to delay and
kill this, not my words, theirs, and so I know I'll be here for
the next 3 years and I'm going to be on this.
As you know, I'm a survivor of a head-on drunk driving
crash myself and the families that I've met and I know that
you've met, they need this done, we need this done. We're
losing too many Americans on the roads every year and so we
have to get it done. So I appreciate that and look forward to
working with you and your team for that implementation.
Hot air balloon regulations. We had a chance to chat on the
streets during a short walk, but hot air ballooning in New
Mexico is an important tradition and thriving industry.
Last year the Federal Aviation Administration began
implementing regulations that were impossible for hot air
balloon operators to follow. I want to thank you and your team
for their responsiveness for fixing it for this year's hot air
balloon festival in New Mexico.
We know that much more must be done before the next and
with upcoming rulemakings, after outreach by myself and Senator
Heinrich, Representative Stansberry, the department granted
that 1-year waiver for this rule.
So one of the questions that I have is, has the FAA
continues to work on implementation of this rule and others, do
I have your commitment to provide proactive communication and
engagement with balloonists regarding rules or regulations that
impact the industry?
Secretary Buttigieg. Yes, the FAA will make sure to be in
touch with the Albuquerque balloon community and the balloon
community writ large. We know how important this is not just
recreationally but economically in many places, including New
Mexico.
Senator Lujan. I appreciate that, sir, and I know your
travels and responsibilities are taking you in many areas, and
I want to thank you for being as responsive as you've been
across America.
If time allows, I would sure like to invite you to come on
out to New Mexico again and to visit with those balloonists and
to chat with them maybe directly, but we'll see if we can get
some time and, God willing, we'll get you to New Mexico soon.
Secretary Buttigieg. It would be a pleasure.
Senator Lujan. Appreciate that, and, Madam Chair, I do have
another question on tribal access and infrastructure funds.
It has been my experience in the past, based on other
infrastructure projects in previous years, that there has been
not a strong environment to support investment in tribal
communities, meaning that once one Federal agency declares an
emergency or accesses funds, it's hard to get an easement
approved by the BIA or others and sometimes those projects
which should take a few years wind up taking a decade or more.
I'm fearful what that would mean with the bipartisan
infrastructure bill. So that's the series of questions that I
have for the Secretary. I'll submit them into the question, but
I'm hoping that we can find a way to find an expedited approval
process bringing Federal agencies together, getting those
approvals done as quickly as possible rather than one being
done and then it sets the clock for the next one so that in
tribal areas and these indigenous sovereign nations across
America they are not left out when it comes to infrastructure.
So I appreciate that and I'll get them to the record, Madam
Chair. Thank you.
The Chair. Thank you, Senator Lujan. Thank you for that
important point about government-to-government relationship.
Senator Capito.
STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM WEST VIRGINIA
Senator Capito. Thank you, Madam Chair.
Welcome, Mr. Cabinet Secretary. Good to see you again. I
have a couple quick questions obviously.
First, I'd like to comment on Taxiway A Relocation Project
at West Virginia International Yeager Airport, which is my
airport where I fly in and out of. Yeager does not meet the
FAA's modern design standards because its taxiway, Taxiway A,
is too close to the airport's sole runway.
So we have a relocation project which would create this
issue and I support the FAA allowing the project to proceed as
a Category Exclusion. This issue is before the FAA, but I
wanted to put it on your radar screen, and you don't need to
comment on it, unless you want to, but I wanted to also call to
your attention the FAA Contract Tower Program. This is really
important for our aviation safety.
We have four airports in the state of West Virginia and
also Congress created the Competitive Grant Program which
allocates $20 million annually for 5 years.
Will you and your team work with us to ensure that the
Contract Tower Program continues to play a key role in our
Nation's aviation systems?
Secretary Buttigieg. Yes, we know how important this is,
especially in smaller and rural communities, and will welcome
the chance to continue to work with you on contract towers.
Senator Capito. Thank you. The interagency dispute over
spectrum policy with the FAA and aviation and 5G, Secretary
Raimondo was before the Committee said that there had been a
resolution working with the Spectrum Coordination Initiative at
the DOC.
How are we going to avoid these kinds of conflicts in the
future? This one went on for awhile before it kind of reared
its head. How do you see this in the future? Is there an
interagency group working on this so we can avoid these issues?
Secretary Buttigieg. Yes, there have been a lot of
discussions in the interagency about how to get ahead of this
because we know there will be more spectrum overlap and
conflict issues and it's important for them to be addressed
before any kind of deployment is looming and as you know, the
issue with aviation that happened early this year and that
we're still working through was partly the consequence of
regulators not all being on the same page before something went
forward and so----
Senator Capito. Regulator being the FCC and the FAA?
Secretary Buttigieg. And you could view Commerce and the
NTIA as having been part of that churn, as well.
Senator Capito. Part of that.
Secretary Buttigieg. So I know that the new leader of NTIA
and Secretary of Commerce are committed to working with that.
I've had dialogue with them. I know the White House also is
encouraging all of the different players, FAA, FCC, NTIA, I
would add DoD in some cases, are at the table so that we can
have the smoothest possible process for dealing with these
issues as they come up in the future.
Senator Capito. Right. I mean, we don't want to lose our
expansion of 5G. We already know we're sort of a little behind
on some of that. So resolutions of those kinds of conflicts on
the front end are certainly going to save time and money and
move us along.
Let me ask you about the workforce issues we just had.
Spirit Airlines has a seasonal flight out of the Charleston
Airport that goes from Yeager Airport to Myrtle Beach every
summer, very popular. They canceled that flight for the summer
stating that they didn't have the workforce and I'm assuming
it's the pilots, but I don't know that that's the only part of
the workforce that's having the great challenge.
What are we going to do about this? I mean, this is system-
wide. Sky West, I know Senator Fischer mentioned that as
another one that impacts our Clarksburg Airport. How are you
working at the department to meet this challenge?
Secretary Buttigieg. Yes, thank you. This is a national
issue. It's affecting the whole domestic aviation industry but
disproportionately affecting smaller regional carriers and what
we're seeing is that even major carriers have cut schedules on
regional routes largely because the larger carriers tend to
offer the better salaries and can attract these pilots.
Safety, of course, is such an important part of aviation.
It leads to the necessity of very rigorous standards and
requirements, but that doesn't mean we can't act to boost pilot
recruitment and retention.
I want to recognize that a lot of aviation industry players
have been at the forefront of this taking steps to expand the
training and the recruitment of pilots. We have some tools that
we can use, as well, and the FAA will shortly be releasing a
Notice of Funding Opportunity for the Aircraft Pilots Workforce
Development Grants Program which is one example of the step we
can take with Federal funding to help boost that pipeline.
There won't be a quick fix but we've got to work on shoring
up that domestic aviation work force.
Senator Capito. Do we have enough pilots trained or is it a
situation where we don't have enough at the very beginning that
can transition into commercial airlines?
Secretary Buttigieg. Yes. I'd say we were already on track
for a shortage, but then with the pandemic you had early
retirement programs that were voluntary departures that were
aimed at reducing the long-term costs that thinned out airline
staff that have compounded that issue.
Senator Capito. Mm-hmm. Well, we have the development of an
aviation school in West Virginia right now through Marshall
University and we have one at Fairmont and I understand
Shepherd's going to get into that space, as well. So we're
doing what we hope we can do to help us fill those workforce
issues.
We also have it on the maintenance side, too, because
that's just as important and there's projected to be hundreds
of thousands of jobs in that space in the future.
Thank you.
The Chair. Thank you, Senator Capito.
Senator Blumenthal, if you're ready. If not, we'll allow
our colleague. Would you like to go now? Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you so much for your service and
thank you for the good work that you're doing at the Department
of Transportation.
I apologize that I wasn't here earlier. So I'm going to try
to avoid replicating questions already asked.
Last Saturday, as you may know, May 1, was National Heat
Stroke Prevention Day and I want to commend NHTSA for its Look
Before You Lock Campaign again this year. We know in
Connecticut this kind of tragedy can happen any time. That's
why I have worked hard on provisions in the Hot Cars Act which
passed into law in the Infrastructure Investment and Jobs Act.
Very specifically, the law directs your department to issue
a rule requiring automakers to implement rear seat alerts in
their vehicles. In my view, that language fails to go far
enough. What we need is a requirement that there be detection,
not just alerts but detections in the backseats of cars. It's
not an abstract or hypothetical issue.
Just last week I heard the heartbreaking story of a family
who lost their child in a car that was equipped with rear seat
alerts. In other words, the car would be compliant with the
Infrastructure and Jobs Act requirements but this tragedy still
occurred because the child was in the backseat and there was no
detection system.
This kind of technology is easy to implement. It would cost
pennies if it's done on the mass scale. It's already been
implemented by many manufacturers, at least by some.
So with apologies for this long-winded introduction, could
you update us as to the status of the rulemaking requiring
backseat alerts and your view about the possibility of
requiring backseat detection systems?
Secretary Buttigieg. Thank you. We recognize the importance
of this since comprehensive data collection began in 1998. I
believe 800 children have died of heat injuries after being
trapped in a hot car and this provision in the bipartisan
infrastructure law we think will help.
We want to make sure that we do everything we can to save
lives. So NHTSA is hard at work on the rulemaking. We're aware
of the interest from the safety community and other measures
that could go further than the alert system and we'll make sure
to take all input onboard during that rulemaking process.
Senator Blumenthal. Thank you. Another issue close to our
hearts in Connecticut and I should just tell you about the
family of Cory Iodice. On April 20, 2020, Cory stopped to
assist a driver whose vehicle was disabled and never made it
home. Cory was just doing his job working for his family's
business when he was killed by a driver who didn't slow down or
move over. His death could have been avoided.
Connecticut, like other states, has a ``Move Over'' law
that directs motorists to slow down and move over for stopped,
emergency, and maintenance vehicles. These laws are critically
important to safety of our travelers and equally important to
people who assist them.
I understand that obviously each state has its own laws.
NHTSA partners with law enforcement authorities to help raise
awareness of ``Slow Down, Move Over'' laws.
Can NHTSA play a more assertive or aggressive role in
either providing incentives or imposing requirements or raising
and elevating this issue so that more people are aware of it?
Secretary Buttigieg. I'll have to investigate how NHTSA's
authorities might overlap with or align with Move Over laws.
I'm certainly aware of them and in the context of the National
Roadway Safety Strategy we want to make sure that we're
contemplating those effects and meeting any responsibilities
that we have in that direction.
Senator Blumenthal. Thank you. My time has expired, Madam
Chairman. Thank you.
The Chair. Thank you.
Senator Lummis.
STATEMENT OF HON. CYNTHIA LUMMIS,
U.S. SENATOR FROM WYOMING
Senator Lummis. Thank you, Madam Chairman, and welcome, Mr.
Secretary. It's nice to see you again.
I know that Senator Fischer, Senator Capito, Senator Lujan
have already raised this issue, but I'm going to raise it again
because it makes you aware of just how significant it is in our
states and that is retention of commercial air service in our
small communities.
The largest regional airline in North America, Sky West
recently it would be withdrawing from 29 markets due to a lack
of pilots, and, of course, what's not so surprising about this
is that the most pull-outs occur from some of the smallest
markets in the country.
Wyoming dodged a bullet on this one this time, but it's
only a matter of time because our communities are small and
they're far apart. So that economics are difficult for
airlines.
So knowing those challenges and recognizing that in the
West, especially the Rocky Mountain West, which is more
sparsely populated, that these are tough issues.
What are you noodling about on this within the department?
Secretary Buttigieg. So we certainly recognize the
importance of the EAS for so many communities. Let me mention
two pieces that we're working on that touch on this.
One is, as mentioned earlier that Senator Capito, is that
question of a pilot shortage and so making sure that we ensure
a strong pipeline and that, you know, support an aviation
sector that is competitive in retaining as well as cultivating
talent is going to be important if we're to prevent further
cases where pilot shortage is cited as happened in the case of
Sky West as a rationale for withdrawing from the EAS.
The second, though, is our direct authority to intervene in
cases like this and that's what we're using in the case of Sky
West. So proposals for replacement service are due next week on
the 11th of May and in the meantime we have that holding
action.
And then the third thing, of course, is just continued
support in the form of funding for EAS to make sure that it's
able to robustly support the needs of communities where it is
an economic lifeline in many cases and, of course, we see that
in particular in smaller and rural communities.
Senator Lummis. And on the essential air service side, did
you receive adequate funding in the infrastructure bill? Does
your current budget provide for adequate funding for EAS?
Secretary Buttigieg. So the budget request does include an
increase for the payments to air carriers' account of $18.7
million. All together in the request, it's a funding level of
$450 million. That's $368.7 million out of the payments to air
carriers' appropriation and then the over-flight fees
supplement that. That gets $81.2 million.
Over-flight fees took a hit because, of course, there was
so much reduced air traffic in the past couple of years. Now we
see that rebounding. We think that'll be helpful and we do
believe the $450 million request is robust to support EAS.
Senator Lummis. Thank you. I want to join with Senator
Lujan, who earlier invited you to his state. You could hit
Wyoming, Colorado, and New Mexico right in a row and get a
sense of the unique needs of our states. I know Senator
Hickenlooper, who's probably your next questioner, would be
delighted to host you, as well.
We'd love to show you the unique needs of our states with
regard to a variety of transportation issues because of our
large size and population dispersion. Our transportation needs,
both in terms of highways and air service, are different from
what you're going to see east of the Mississippi. So by all
means, let's try to work with your staff to arrange for you to
visit and get a sense of how truly different the Rocky Mountain
West is when it comes to our special and unique needs and thank
you, Mr. Secretary. Look forward to working with you.
Secretary Buttigieg. Thank you, Senator.
The Chair. Thank you, Senator Lummis. It sounds like you
have a big Western invitation coming at you.
Senator Hickenlooper.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Thank you, Madam Chair.
Secretary Buttigieg, good to see you again, and again thank
you for your visit, which I kept getting feedback from people
in the small towns where you would stop and speak to the
people, the people that work on the roads and help us deal with
the landslides and a lot of the issues that we've had to face
and I'm sure you've been dealing with all across the country.
So thank you for your service.
Let me talk just for a moment about autonomous vehicles. I
think they're a great opportunity for innovation. Benefits
include safety, job creation, transformation of cities. While I
was Governor, we worked hard to ensure that Colorado would be
welcoming to autonomous vehicle testing and I think I guess one
question I have is, how would DOT ensure American maintains
leadership in the autonomous vehicle technology?
Secretary Buttigieg. Well, as your question notes, a great
deal is in the hands of the states. We need to make sure
there's a healthy state-Federal partnership to support that.
Many states have offered themselves up as test beds for some of
this technology and our responsibility is simply to make sure
that the vehicles are safe.
We've been working to make use of exemptions and
flexibilities under current law but would also very much
welcome the opportunity to work with Congress on an updated
national legislative framework on AVs.
As you know, the Federal regulations tend to pertain to the
physical characteristics of the car. State law tends to be
enforced around the conduct of the driver and we have an area
in terms of the car becoming the driver that's simply not
contemplated by this existing division of labor.
Senator Hickenlooper. Exactly, and I appreciate that
because I think you could play a pivotal role here in trying to
actually facilitate and maybe even orchestrate how this process
goes forward so that as with the case we talked sometime ago
about elevators where they had autonomous elevators back at the
end of the 19th Century and yet they were not fully accepted by
the public for 50 years.
Now switching over to rail and reducing emissions from
rail, obviously reducing carbon emissions from all manner of
transportation has been a top priority. It should remain a top
priority for the Department of Transportation.
Passenger and freight rail require, I think, targeted
solutions to integrate technology to both increase efficiency
and reduce emissions.
So how do you look at DOT's work to improve rail efficiency
in connection with our climate goals?
Secretary Buttigieg. Well, as you mentioned, pound for
pound, rail can be one of the most--I should say one of the
least carbon-intensive ways to move goods. It's also a vital
part of our goods movement system at a time when all eyes are
on how we can improve the fluidity of our supply chains.
Recently, I testified before the Surface Transportation
Board, the first time I'm told in perhaps two decades that a
Secretary of Transportation has done so, in order to emphasize
the importance that our department places on the
responsibilities of the STB and on freight rail and goods
movement writ large.
We see a lot of opportunity through enhanced data-sharing,
perhaps clarification to common carrier responsibilities, and
other measures, some of which we can encourage, some of which
are up-test TB, some of which might be deserving of attention
to Congress, all of which would add up to more fluid and
effective rail service in this country because if there's even
an ounce of efficiency to ring out of the system, now is the
time to capture it.
Senator Hickenlooper. Absolutely. The aviation sector has
also made many commitments to get to climate-appropriate goals.
Some companies in Colorado are developing aircraft relying on
sustainable aviation fuel to reach net zero goals.
How can programs such as FAA's Continuous Lower Energy
Emissions and Noise Program, the CLEEN Program, help support
these efforts moving toward a cleaner energy for aviation?
Secretary Buttigieg. So within the $42 million requested in
the 2023 budget for the CLEEN Program that you just mentioned,
there is $18 million that is specifically aligned for
sustainable aviation fuels. We think that is the most promising
near-to-medium-term tool that we have to reduce aviation's
climate impact.
We also are partnering with the Departments of Energy and
Agriculture in the Sustainable Aviation Fuel Grand Challenge,
trying to advance the development and the deployment of high-
integrity sustainable aviation fuels.
I should mention I expect this will be a big subject at the
September meeting of the International Civil Aeronautics
Organization and we want to make sure that America is leading
the way toward SAF as it is being discussed in the global
context, too.
Senator Hickenlooper. Great. Well, thank you so much and
keep up the great work, really appreciate it.
Secretary Buttigieg. Thank you.
The Chair. Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Madam Chair, and, Mr.
Secretary, good to see you, and I wanted to compliment your
Under Secretary of Policy, Carlos Monje, who recently visited
Alaska. He got all around the state and we really appreciate
that. I think he came away with a better sense of some of our
challenges.
As you're seeing here, Senator Lummis and others are all
wanting you to get up to our states. I think the Chair had a
good idea. A big swing out West would help you see all the
unique challenges.
I'll give you one in my state. We have over 200 communities
who are not connected by roads, pretty unique challenge, and
we're quite big and, like Wyoming, not very densely populated.
So I think it's important for you to see that.
Let me provide another invitation to you, if you can make
it, Senator Cantwell and I are going to be hosting a meeting on
May 23 dealing with the two DoD Strategic Ports that matter a
lot to our states, the Port of Tacoma, the Port of Anchorage.
They're connected from a standpoint of economic activity
together, but they're also very important to our military, to
MARAD, and, unfortunately, they were ranked the lowest in terms
of readiness of the 18 DoD strategic ports.
So we're trying to get together with the MARAD
Administrator, the Transcom Commander, Under Secretary Monje,
and if you can make that, as well, that would be an important
meeting with two members, including the Chairman of this
committee. So mark your calendar on that one if you can make
it. It's going to be important.
The Chair. Senator Sullivan, if I could, how much of the
product that goes to Alaska is delivered by water?
Senator Sullivan. 90 percent.
The Chair. 90 percent of what Alaskans consume is delivered
by water?
Senator Sullivan. Correct, and most of it comes through the
great state of Washington. So it's important stuff.
The Chair. But the point is if the port infrastructure
isn't supported more, the 90 percent of the goods can't be----
Senator Sullivan. Correct.
The Chair.--easily delivered or delivered at all.
Senator Sullivan. Yes.
The Chair. Thank you.
Senator Sullivan. So big priorities. You and I have talked
about it and the Chair and I have been focused on it together.
So we want you to try to make that. I won't try to get your
commitment now, but if you can take a hard look at your
calendar and try and make it, it would be really important.
I also want to just mention, like so many other Senators,
essential air service for our state is also really, really
important.
Let me talk about another topic that I think hopefully
you're concerned about. I certainly am concerned about it. So I
was one of the Republicans who voted for the bipartisan
infrastructure bill. You know, I'm on the EPW Committee, as
well, which wrote a lot of that bill, and one of the things
that we were able to get in that bill that we thought was very
important was permitting reform and you and I have actually
talked about permitting reform.
I think some of the biggest advocates in America for
streamlining permitting, not cutting corners but, you know, 10
years to permit a bridge, 20 years to permit a gold mine in
Alaska, that happened. It's over 400 jobs at that mine and it's
called Kensington Mine.
Our permitting system is broken and so there has been a
bipartisan effort, it was in the bipartisan infrastructure, to
start addressing that.
A number of us are talking about infrastructure and energy
issues. Even yesterday a bipartisan group, we had a discussion
last night. NEPA was a really big topic of discussion, I think
bipartisan interest.
I know when you and I talked during your confirmation
process, mayors and Governors in particular, regardless of
political party, are very motivated by this because they see
challenges on the front lines when permitting takes 10 years to
permit a bridge in America, which is just ridiculous.
Were you consulted on this very recent NEPA regulation that
came out of CEQ?
Madam Chair, I'd like to submit an op-ed for the record.
This is from the Wall Street Journal entitled, ``How To Kill
American Infrastructure on the Sly: White House Revises NEPA
Rules That Will Scuttle New Roads, Bridges, and Oil and Gas
Pipelines.''
The Chair. I think it already was but just----
Senator Sullivan. Oh.
The Chair.--to make sure, without objection.
Senator Sullivan. All right. Well, we'll do it again.
[The information was entered into the record and be found
on page 4.]
Senator Sullivan. Were you consulted on this because I'm
reading through it and I'm really concerned that what we all
want to have happen now in terms of implementing the bipartisan
infrastructure legislation is literally going to be delayed. I
know it's going to be delayed by this new rule.
Were you consulted on this, and do you have a view on it,
and are you concerned that it's going to delay the
infrastructure projects?
Secretary Buttigieg. So we are at the table in the CEQ
processes like this one and value the chance to weigh in. We
want to make sure that all laws, including NEPA, are, of
course, complied with and we also want to make sure that
project delivery is prompt and efficient.
One of the first things that we did coming out of the
passage of the bipartisan law was to work on that one Federal
decision provision which I think was a 60-day requirement to
establish that pathway and information about categorical
exclusions which is one of the ways projects can move through
NEPA with very little friction.
We certainly recognize where these concerns are coming
from. Also, though, believe that with the right level of
partnership, transparency, and technical assistance upfront
these requirements need not unduly delay projects that are
worthy and that are legally compliant.
Senator Sullivan. So just real quick, I'm out of time, but
just one quick followup, it's not just NEPA compliance. That
rule has to comply with the bipartisan infrastructure bill
itself which had a number of important permitting reform
provisions, not as many as I would have liked, but it did have
some.
So can you commit to me to just make sure you're looking at
that new CEQ rule and make sure it actually complies with the
most recent law that just passed which was about streamlining
and moving projects more quickly?
I think this new rule that was just promulgated is going to
do the exact opposite. Can you commit to me to doing that?
Secretary Buttigieg. Yes, my expectation is everything we
do will comply with the bipartisan infrastructure law and will
certainly review that.
Senator Sullivan. Thank you. Thank you, Madam Chair.
The Chair. Thank you.
Senator Tester, are you ready?
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. I am.
The Chair. OK.
Senator Tester. I apologize if these have been asked.
The Chair. As my colleagues know, I know we've been joined
by a few people online and here. So the next recognition would
be Senator Cruz and then Sinema and then Lee and then Mr.
Warnock.
Senator Tester. So it's good to have you here, Secretary
Buttigieg.
As I think you already know, there's been a lot of legs of
flights that have been canceled and the reason they've told me
is because don't have enough pilots, not because of demand.
Planes were full or nearly full and they've cut it back. I'm
going to have Delta in my office later this week and I'm sure
that's what they're going to tell me. Can't get enough pilots.
So is the Department of Transportation playing in this
realm as far as getting pilots because I don't care if you're
talking about regional or whatever you want to talk about, if a
plane ain't flying, a plane ain't flying. OK?
Are you guys playing in this game as far as trying to get
more pilots available to these airlines, and, if so, what are
you doing and when would you anticipate this problem being
solved?
Secretary Buttigieg. Thank you. Yes, we recognize a
shortage of pilots that in some ways is not completely
dissimilar to the shortage of truckers we're seeing and we
think it's related to a number of issues from the pipeline in
to the thinning out of work forces that happened during the
worst periods of COVID-related flight cancellations to some
questions about pay and conditions.
As with truckers, there are many pilots who were very well-
paid, many who are less so, and that can make it difficult for
regional players to be competitive.
Airlines are taking the lead with cultivating students and
building those skills, but we play a role, too, and are making
sure that even as we speak, FAA Funding is being aligned toward
supporting a stronger pipeline of people into the profession.
Senator Tester. And are you monitoring how the FAA is
utilizing these dollars? What I'm saying is are we actually
getting more people trained or are we funding saying do it or
who's watching them? Are you?
Secretary Buttigieg. So, yes, I've requested updates on how
those dollars are being used and want to see them translate
obviously into outcomes as we go.
Senator Tester. And when did those dollars go to them and
has it translated to a bigger pipeline yet and when do we
anticipate--you know, I mean, I'll be honest with you. Because
of the legs--I drive four and a half hours sometimes to get a
flight that gets back out so I don't have to fly halfway around
the world to get to Washington, D.C. So if I'm doing that,
every business person in the state's doing that, too.
Secretary Buttigieg. Mm-hmm. So what I can tell you is that
we're gathering information on how that needle is moving and be
happy to stay in touch with your office about what we're seeing
and what resources we need.
Senator Tester. I would like that. Last week you testified
in person before the Surface Transportation Board, becoming the
first sitting Transportation Secretary to do that in more than
20 years. Thank you.
The issue that brought you there was an ongoing supply
chain disruption, the continuing challenges of keeping
consumers from being able to buy products they need, keeping
farmers unable to bring their products to their ultimate final
destination.
It is a big complex problem with a lot of interconnecting
parts, ocean carriers, ports, trucking, freight rail. It's
going to take a lot of work to resolve the problems and to make
sure that we don't end up at this point again.
So, Mr. Secretary, based on everything that you've seen and
heard, what concrete steps do we need to take, do you need to
take to get past this?
Secretary Buttigieg. So several things, and as you noted,
we testified at STB about this and have engaged the freight
rail carriers directly, too.
We think there are a number of steps that could deliver
more fluidity in the system. Some are things that we're
pressing on in the industry, including data-sharing and
clarified common carrier standards, but I would also say we
have a role to play ourselves in delivering infrastructure that
will help with fluidity, eliminating rail crossings and other
uses of the Crissy Program which Congress has provided us with
the funds to do and it's one of the main supply chain-relevant
uses of the dollars in the infrastructure law and we're working
with all deliberate speed to get those out there.
Senator Tester. As far as this budget goes, do you believe
it's adequate to continue to address the problem in a timely
way?
Secretary Buttigieg. We believe it's a major step up and
will be certainly enough to make a big difference. We'll be the
first to say we think more resources are needed.
Senator Tester. Doesn't everybody? Thank you very much.
Thank you, Madam Chair.
The Chair. Senator Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Madam Chair.
Secretary Buttigieg, welcome.
Secretary Buttigieg. Good morning.
Senator Cruz. I want to start by discussing President
Biden's Disinformation Governance Board or, as many of us are
calling it, the Ministry of Truth that was recently announced.
You said in 2019, ``The point of defending free speech is
not that you expect everyone to be perfectly aligned with every
speech act that is protected. It's that that's a fundamental
American freedom. It's a huge part of what makes America
America and when that same flag was on my shoulder I didn't
think of the flag as something that itself as an image was
sacred. I thought of it as something that was sacred because of
what it represented. One of the very things it represented is
the freedom of speech and that's one of the reasons I served.''
I got to say, Secretary Buttigieg, that's a sentiment I
wholeheartedly agree with and I think most Americans do, as
well.
Simple question. Do you still believe that?
Secretary Buttigieg. Of course.
Senator Cruz. That freedom of speech should not be subject
to censorship by the government?
Secretary Buttigieg. Sure.
Senator Cruz. Why is the Biden Administration then putting
someone who is an obvious partisan, someone who is engaged in
the repeated pushing of misinformation, putting them in charge
of a board ostensibly directed at regulating the free speech of
American citizens?
Secretary Buttigieg. Let me begin by acknowledging that
this is outside of my area of expertise and responsibilities as
a department, but I should also note that when I was wearing
that flag on my shoulder, I was qualified in what the Navy
calls information warfare, knowing that the use of
misinformation----
Senator Cruz. With respect, we got limited time. So should
the government be censoring and regulating the speech of
American citizens? Yes or no?
Secretary Buttigieg. So that's a complex philosophical
question. Obviously we believe in free speech, but as you know,
you don't have the right to yell fire in a crowded theater. If
you regard that as the government regulating speech, then I
suppose you would have to agree the answer----
Senator Cruz. Should the government silence voices that are
politically inconvenient and that it disagrees with?
Secretary Buttigieg. As a matter of course in our domestic
politics, of course not.
The Chair. So why is the Biden Administration creating a
board to do that?
Secretary Buttigieg. I believe this is based on the
awareness that misinformation and disinformation is used as a
weapon against the American----
Senator Cruz. So was the Hunter Biden laptop
misinformation?
Secretary Buttigieg. I'm not familiar with all of the
details of those stories. What I know is that Russia notably
and other players, too,----
Senator Cruz. Except it wasn't Russia. It's an accurate
laptop. Now the New York Times has acknowledged that after the
election and yet the head of this disinformation board happily
pushed out that it was disinformation, that that is a code word
for things that are politically inconvenient.
Let's turn to a different topic. As you are well aware,
recently a Federal court struck down the mask mandate. When
that happened, Americans across the country saw footage of
people on planes hearing the announcement over the loud speaker
and cheers bursting out.
When I flew to D.C. from Houston yesterday on the plane, I
would say there were fewer than 10 percent of the people who
chose to wear masks.
Does it concern you that the Biden Administration was
putting in place a policy that now a Federal court has
concluded was illegal and that a huge percentage of Americans
found arbitrary and unjustified?
Secretary Buttigieg. If I'm not mistaken, most Americans
support the mask mandate for flights, but I think a lot of us
are also pleased----
Senator Cruz. Why were they cheering on planes?
Secretary Buttigieg. What's that?
Senator Cruz. Why were they cheering on planes?
Secretary Buttigieg. Look. I think a lot of us have been
looking forward to the day when that reverted to being a
personal choice. I know I have and I've been saying so
throughout.
Senator Cruz. So you're the Secretary of Transportation. Is
it safe to travel on a commercial airline without a mask?
Secretary Buttigieg. So people should make their own
choice. It's no longer required.
Senator Cruz. So when you next fly commercial, will you
wear a mask?
Secretary Buttigieg. Depends where I'm traveling to and----
Senator Cruz. Commercial flight anywhere. You're on a
plane. You're flying from one American city to another American
city.
Secretary Buttigieg. I'm not sure. It will depend on
conditions that day. I don't have a flight today, but next time
I do, I'll think it over.
Senator Cruz. OK. So under the current CDC guidance, which
is actually posted on the Department of Transportation website,
it says, ``CDC continues to recommend that people wear masks on
indoor public transportation settings at this time.'' It also
says, ``Traveling on public transportation increases a person's
risk of getting and spreading COVID-19 by bringing people in
close contact with others often for prolonged periods.''
I and many others are very dismayed with both CDC and the
Department of Transportation for the politicization of this
issue, but do you agree with those statements?
Secretary Buttigieg. Well, I certainly support the CDC as
the authority in this country on public health determinations,
and I share your dismay at the politicization of masks.
I think the most important thing by far, Senator, is that
whether it's on a flight or bus or anywhere else, respect is
shown to those who wear masks and to those who choose not to.
Senator Cruz. So let me ask you if you agree with the CDC
statement that's on the Department of Transportation website?
Multiple pictures came out this weekend from you at the White
House Correspondents Dinner. You weren't wearing a mask. You
were having a good time, laughing, and jokes were being told.
How did that not qualify a, to use the CDC's words,
``bringing people in close contact with others often for
prolonged periods,'' and why did you make the choice not to
follow that dictate?
Secretary Buttigieg. So I made a personal risk decision,
consistent with the public health guidance and rules in effect,
which, as you know, did not require the wearing of masks in
that environment, and I would add, if I'm not mistaken, the
CDC----
Senator Cruz. So why is----
Secretary Buttigieg.--mandate for aircraft would have
expired by now.
Senator Cruz. So why is the Administration appealing that
decision and presumably trying to reinstate the mask mandate
even now?
Secretary Buttigieg. I would not agree with the premise of
that question. The reinstatement----
Senator Cruz. Why are you appealing it?
Secretary Buttigieg.--of the mask mandate is not the same
as the rationale for appealing. I don't have the legal
background that you do, but my understanding is that the appeal
concerns whether the CDC has the authority to do that in this
pandemic or in any pandemic, which is completely distinct from
whether a mask mandate ought to be applied any given day, and
again, as I----
The Chair. So are you telling this committee that even if
you prevail on the appeal that the Administration is not going
to reimpose the mask mandate?
Secretary Buttigieg. Well, it's not me saying so. It would
have expired by today.
Senator Cruz. Well, but prior to the court decision, the
Administration kept extending it, despite little to no
scientific basis for that.
Secretary Buttigieg. You will recall the extension was only
two weeks, and if I'm not mistaken, those two weeks would have
passed by now.
Senator Cruz. So are you saying that you don't intend to
extend it, even if you prevail on appeal?
Secretary Buttigieg. Well, it's not up to me. It's TSA
acting on CDC guidance, but, yes, I mean, if it is certainly
the case, barring something that would have led to an extension
that the mask mandate would have expired, which means that even
if the case is won----
Senator Cruz. And you think it should have been allowed to
expire?
Secretary Buttigieg. Based on the conditions at the time
that it was set for 2 weeks, yes.
Senator Cruz. OK.
Secretary Buttigieg. But again that's not my call. It's the
CDC's call.
The Chair. Thank you.
Senator Sinema.
STATEMENT OF HON. KYRSTEN SINEMA,
U.S. SENATOR FROM ARIZONA
Senator Sinema. Thank you, Chair Cantwell, and thank you to
my friend Secretary Buttigieg for joining us today.
The bipartisan infrastructure law represents a historic
investment in our national transportation infrastructure that
will update and modernize our highways, bridges, airports,
railroads, and public transit systems.
For example, Arizona will receive an additional $200
million annually above existing funding levels for our highways
and bridges over the next 5 years.
The Department of Transportation has a crucial role to play
in dispersing these funds from the bipartisan infrastructure
law to make sure the money is distributed equitably and
consistent with the provisions of the law.
So I look forward to working with you, Secretary, and with
my colleagues on this committee to continue to advance
implementation of the bipartisan infrastructure law to help
Arizona families and small businesses get ahead.
One significant highway project to Arizona is expanding
Interstate 10 on the 26 miles the highway passes through lands
belonging to the Hila River Indian Community. Arizona motorists
rely on this stretch of the I-10 to travel between Phoenix and
Tucson and when departing Phoenix to connect to Interstate 8
south of Pasa Grande.
This is the only stretch of the I-10 that narrows to two
lanes between Arizona's two largest metropolitan areas.
Congestions on this part of the I-10 costs Arizona motorists
time and money and hinders the ability of commercial products
to arrive at their destinations on time.
For fast-growing states like Arizona, highway expansion
projects are an important piece of addressing our state's
transportation challenges along with improving other
transportation modes, such as public transportation.
So, Secretary, can you share your approach to distributing
competitive grant funding made available through the bipartisan
infrastructure law and give me your commitment to distributing
highway funding consistent with the statutory provisions within
the law?
Secretary Buttigieg. Well, thank you, Senator, and the
short answer is yes, I'm, of course, committed to making sure
that all funding, formula and discretionary, is distributed
consistent with the provisions of the law.
The corridor in the area that you're describing is a good
example of a place where for safety reasons and for throughput
reasons we need to consider new kinds of investment and I have
every expectation that competitive applications will be coming
in from the region.
Senator Sinema. Well, thank you. Under the provisions of
the bipartisan infrastructure law, Arizona airports are
expected to receive $348 million for infrastructure
improvements over the next 5 years.
For Budget Year 2022, Phoenix Sky Harbor International
Airport will receive over $41 million under our law and every
airport in Arizona will see increased funding.
Senator Kelly and I enjoyed hosting you at Sky Harbor in
November of last year to tour the new concourse at Terminal 4,
which will serve thousands of travelers every day once it
becomes operational.
Our infrastructure law also includes funding for the $5
billion Airport Terminal Program and $5 billion for air traffic
control towers.
Could you provide us an update on those aviation
infrastructure programs?
Secretary Buttigieg. Thank you. And it was a pleasure to
visit Sky Harbor with you and Senator Kelly and see the work
that's going on.
We are working as swiftly as we can to make sure that all
of this funding is aligned and ready to be distributed,
recognizing that there is a great deal of need for improvements
and enhancements, whether we're talking about our terminals or
in some cases runway and other enhancements, and that are going
to serve to make our airports not only more effective in moving
passengers and goods, but also more environmentally sustainable
and more accessible to all, something I was especially
impressed with in seeing the plans at Sky Harbor.
We'd be happy to provide your office with more detailed
timelines on the Notices of Funding Opportunity and the formula
apportionments, but can you tell that we're working to meet all
statutory deadlines and to get these dollars delivered
efficiently.
Senator Sinema. Thank you. On that same trip last November,
you also visited the Valley Metro's Northwest Extension. That
will extend Phoenix's Light Rail System across Interstate 17 to
the former Metro Center Property that's currently undergoing
redevelopment.
Now Arizona's public transit systems are also expanding in
other places, as well, like the Valley Metro South Central
Expansion and the Tempe Street Car which will be opening to
riders later this month.
The bipartisan infrastructure law increased our public
transit investment in communities of all sizes, and I'm
particularly proud of the provision that I worked on with
Senator Moran to increase funding to small transit-intensive
cities. These are cities like Flagstaff and Yuma that have
under 200,000 residents but enjoy high-performing transit
systems.
So as the former Mayor of a City of about that same size,
can you talk to us about the importance of public transit
investment in these smaller communities?
Secretary Buttigieg. Thank you. It's a very important
topic. I know that when people hear transit, it often invokes
images of subways in some of our biggest cities and, of course,
it's a very important part of the American transit story, but
so is transit in lower-density communities, and I think there
is a great deal of potential now, especially with new
technologies of micro-mobility connecting into transit systems,
and some alternatives to traditional hub and spoke models of
how bus systems and related transit systems work to better
serve these kinds of communities where the need is as great or
greater and to create alternatives so that people, whether they
own a car or not, have many ways to get to where they need to
be that are affordable, sustainable, and reliable.
Senator Sinema. Well, thank you. Chair Cantwell, with that,
I yield back the remainder of my time.
The Chair. Thank you, Senator Sinema.
Senator Lee.
STATEMENT OF HON. MIKE LEE,
U.S. SENATOR FROM UTAH
Senator Lee. Thank you, Madam Chair. Thank you, Mr.
Secretary, for being here and for your service.
On March 31, so just a few weeks ago, NHTSA finalized CAFE
standards pursuant to which cars and light trucks would be
required to meet an industry-wide fleet average of about 49
miles per gallon by 2026.
Tell me how much will that rule cost an average vehicle?
Secretary Buttigieg. I'll have to pull the statistics for
you and send them. What we know is that----
Senator Lee. It's safe for me to assume that it will cause
a cost increase. I mean, that's going to require--we don't have
CAFE standards anywhere near that approach, right? So this
would require innovation of new technologies?
Secretary Buttigieg. Yes, it'll require innovation and
investment, but, of course, also yield savings to the tune of
hundreds of dollars per customer.
Senator Lee. Hundreds of dollars per customer per year in
fuel savings. Is that what you're describing?
Secretary Buttigieg. Mm-hmm.
Senator Lee. Any idea how much it will cost on the vehicle,
though?
Secretary Buttigieg. Again, let me pull the exact numbers
and provide those to your office.
Senator Lee. OK. Thank you. You know, I do worry about this
because the average American family is struggling to get by,
especially with inflation. It's causing a concern. It worries
me a lot.
Secretary Buttigieg. Respectfully, Senator, that's exactly
why we think these rules are so important because the gas
savings for families will mean savings in people's pockets at a
time when we've got to fight inflation with everything we've
got.
Senator Lee. Right, right. Well, and that's why it's also
important to ask this question, though, as to whether this
really will mean savings.
Now the CAFE standards at issue also deal with possibility
that regulatory compliance can be achieved by a manufacturer
if--I think the threshold is 17 percent--if 17 percent of a
manufacturer's sales consist of electric vehicles, but, of
course, electric vehicles require access to a lot of minerals,
like cobalt and lithium, for their batteries.
So will this mandate end up impacting our demand for
cobalt, lithium, and other minerals in a way that will make us
more dependent on countries like Russia and China where we get
some of these minerals?
Secretary Buttigieg. So one very important issue with EVs
is sourcing the raw minerals and the refining capacity, as
well, for them to go into batteries and there has been a lot of
work that I've discussed with many of the U.S. auto industry
leaders on how to onshore or near-shore more of that.
A lot of resources, including lithium, exist in the U.S.
untapped and certainly a preferred alternative to some of the
international foreign sources that are currently leading in
some of these raw material needs.
Senator Lee. What's the average cost of an electric
vehicle?
Secretary Buttigieg. Well, averages can be misleading. The
last I saw was a Kelly Blue Book figure of $55,000 but that
includes a $189,000 Porsche. If you look at the vehicles that
are coming online now, they start in the mid to high 20s and go
up from there.
Senator Lee. It does concern me. I mean, overall, they
are--it's a higher price point. I understand that includes
higher-end vehicles, but it's a relatively few number of those
higher-end vehicles that are being sold and the technology does
cost money.
So if we're not careful, and this could end up being a
regressive policy, one that affects the poor and hard-working
middle class Americans and people in rural communities, people
who are already struggling with inflation and have a difficult
time getting from one place to another as it is. I don't want
us making it so expensive that we price them even further out
of the market.
Let's switch gears to talk about the transportation mask
mandate. I know this was discussed a moment ago with one of my
colleagues.
As a policy matter, do you think that the masks ought to be
required as a condition, legal condition for interstate travel?
Secretary Buttigieg. As a policy matter, I defer to the CDC
and the TSA who have the authorities in this regard.
Senator Lee. Right. But you're the Transportation
Secretary. You've got a role specifically in transportation.
What are your policy views on how that affects transportation
and whether this is worth the difficulty that it creates?
Secretary Buttigieg. The difficulty of wearing a mask?
Senator Lee. Yes, yes. So, I mean, you noted a few moments
ago in response to questions by Senator Cruz that you think the
standard ought to be people need to show respect for those who
wear masks and respect for those who choose not to wear masks.
There are a few ways in which more disrespect can be shown
than by threatening to arrest those not wearing masks, choosing
not to wear masks.
Secretary Buttigieg. So just to be clear, I mean, I don't
mean people who are not wearing a mask in a way that breaks the
law. What I mean is in an environment where the mask mandate
has been lifted, be it on a bus or an airplane, that hopefully
everybody is treated respectfully.
Senator Lee. And it has been lifted by court order. That
court order is being appealed. So if the standard ought to be
showing respect to those who are masked and those who are not,
why would the Administration appeal it?
Secretary Buttigieg. Well, I think it's important to
establish the CDC's authorities in this regard. I mean, we have
any number of safety measures as a country, including
transportation, ranging from the requirement to wear seatbelts
to the requirement to wear masks during a pandemic.
Senator Lee. Right. I see my time's expired. If we have
more time, I'll ask you some of these in writing, but, you
know, the Administration has yet to rule out vaccine mandate
for interstate travel. I'll ask you about that and a few other
things in writing.
Thank you.
The Chair. Thank you, Senator Lee.
Thank you for your indulgence.
STATEMENT OF HON. RAPHAEL WARNOCK,
U.S. SENATOR FROM GEORGIA
Senator Warnock. No problem. Thank you so very much, Madam
Chair, and, Mr. Secretary, it's great to see you again.
Secretary Buttigieg. Likewise.
Senator Warnock. I know that you've been down to my home
state of Georgia. You've been to Atlanta and my hometown of
Savannah and you've seen up close the overpasses, the highways,
the bridges that help Georgians get to where they need to go.
But, unfortunately, many of these bridges and highways were
built directly through historic communities without any concern
for how it would affect the folks who live there,
disproportionately affecting historic black communities. When
we look at these bridges, these overpasses, it's kind of
landscape history of the arc of our country.
These projects contributed to poor air quality in the
communities, diminished access to jobs and economic
opportunity, literally split communities in half, and they
disrupted the rich culture of these neighborhoods.
I was down in my hometown of Savannah, Georgia, and some of
the folks who were older than me were talking about how the
community, the very community where I grew up had once been a
vibrant jazz community, restaurants, black businesses, all
disrupted by I-16 that literally goes straight through the
middle of these communities, and then Sweet Auburn Avenue where
I serve as Pastor of Ebenezer Baptist Church, historic
community, lots of black businesses, America's largest
concentration, in fact, of black-owned businesses, also
disrupted.
When we look at these structures built in the name of urban
renewal, this is structural racism in the most literal sense of
the word and that's why I fought to reverse the damage done by
highways and other large infrastructure projects by securing $1
billion in the bipartisan infrastructure law for the
Reconnecting Communities Program.
And so, Mr. Secretary, what is the Transportation
Department's timeline for implementing this very important
program that I think in a literal sense builds what Dr. King
called ``The Beloved Community'' and how will you ensure that
the program accomplishes our goals?
Secretary Buttigieg. Thank you, Senator. We are hard at
work at delivering the first year's funding for the
Reconnecting Communities Pilot Program that you and your
colleagues have provided. $195 million will be ready to go out
in a Notice of Funding Opportunity that we hope to put forward
by the end of June and what we already know is that there will
be applications from places around the country like those that
you cited in Georgia.
We've seen it everywhere from Jackson Ward in Richmond that
I visited not too long ago to the area around I-81 in Syracuse
to the Hill District in Pittsburgh and often, as you said,
tearing the fabric of communities and knowing that
transportation infrastructure ought to connect and never to
divide.
Senator Warnock. Right.
Secretary Buttigieg. We recognize the moral as well as
policy imperative to ensure that if Federal dollars went into
those divisions, Federal dollars go into healing them, as well.
Senator Warnock. Thank you so much, and, you know, as I
talk to the folks down in Savannah, they are very excited to
hear about this and I hope we can deliver for those folks,
folks in Atlanta and all across our country who are on the
underside of this shameful legacy of progress at the expense of
certain historic communities.
I always feel pride, you know. I'm sorry to talk about
Savannah so much, but that's my hometown, and one of the things
I'm proud of is Savannah's port and how they showed remarkable
ingenuity and adaptability in the face of supply chain
challenges last year.
For example, they were the ones who came up with the idea
of using pop-up container yards to unclog the port and keep
supply chains running and I'm glad that I was able to work with
you and your office worked well with us to secure more than $8
million for the Georgia Ports Authority to alleviate congestion
at the Port of Savannah and fund these pop-up container yards.
How did funding for the Port of Savannah and the rest of
Georgia's transportation networks support the department's
national priorities for improving transportation infrastructure
and restoring supply chain resilience?
Secretary Buttigieg. Well, you rightly have a lot to be
proud of in terms of the work that's gone on with the Georgia
Ports Authority and the Port of Savannah and appreciate you
highlighting in particular the creativity and problem-solving
that went into concepts like that pop-up or temporary container
yards, an approach that's now being emulated in Oakland in the
Pacific Northwest and I think it'll continue to be emulated in
other areas of the country, as well, and one that matters not
only for the import of goods but for the export of agricultural
products which is one area where Savannah leads.
We think that those kinds of flexible and original
approaches need to be matched with more permanent improvements
which we are now able to make thanks to the funding in this
bipartisan infrastructure law on everything from the ports
themselves to the rails and highways that connect them to the
rest of the country.
Senator Warnock. Well, thank you for your work on this. I'm
glad I was able to secure $11 billion for Georgia's roads,
bridges, highways, ports, other critical infrastructure. I look
forward to working with you on this and also reconnecting these
communities.
Secretary Buttigieg. Likewise. Thank you.
The Chair. Thank you. Thank you, Secretary Buttigieg.
I think that concludes our hearing. I'm going to submit a
question about some of the other senior staffing challenges
that you have, you know, particularly for air traffic
commercial space, aviation safety, including flight standards
and air certification. I hope that you will respond to those
and use your leadership to help prioritize those safety reforms
that Congress mandated.
I just want to note, you know, that exchange with Senator
Cruz. I think the difference between the challenges we make
every day as a flying public and the event you just attended is
that everybody there got tested and had a clearance prior to
that event and here we are now on planes not knowing what
everyone's status is.
We have my colleague Senator Scott and I have suggested and
have continued to push forward on temperature checks at
airports in a broad way that some of our international
colleagues have had great success on.
So thank you for considering that and continuing to work on
it.
This hearing will remain open for two weeks, until May 17,
2022. Any Senator who would like to submit questions for the
record do so by May 17, 2022, and the Secretary responses
returned to the Committee as quickly as possible but no later
than May 31, 2022.
So again thank you for being a great partner with us on the
infrastructure bill. Thank you for your due diligence. I think
you can see from our colleagues here, they appreciate when you
visit our states, and I think that that interaction and helping
us with this infrastructure investment and getting it out the
door will be great for America.
Thank you very much. The committee is adjourned.
[Whereupon, at 12:27 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Questions Submitted by Hon. Maria Cantwell to
Hon. Pete Buttigieg
Multimodal Freight Network. A provision in the FAST Act of 2015
required the Department of Transportation (DOT) to create a multimodal
freight network map to identify the Nation's critical freight
corridors, which would help the Federal government, states, and cities
make informed infrastructure investment and planning decisions. The
Congressional deadline for this map was December of 2016, and the
Infrastructure Investment and Jobs Act required a status report on the
creation of the freight network map within 30 days, however, DOT has
missed both Congressional deadlines.
Question 1. What is the status of the multimodal freight network
map and when is it expected to be completed?
Answer. The Bipartisan Infrastructure Law (BIL) establishes a new
Departmental Office of Multimodal Freight Infrastructure and Policy.
The new office will oversee and administer multimodal freight programs,
including the designation of the National Multimodal Freight Network
(NMFN). The Department is in the process of standing up the new office,
and once it is established, one of its immediate priorities will be to
finalize the NMFN. The status report on the NMFN required by BIL is
under development.
Multimodal Freight Office. In order to improve multimodal freight
planning and investments, the Infrastructure Investment and Jobs Act
mandated the creation of a new Office of Multimodal Freight
Infrastructure and Policy to be housed within the Office of the
Secretary.
Question 2. What progress has DOT made in establishing the new
Office of Multimodal Freight Infrastructure and Policy?
Answer. The Department is in the process of standing up the new
Office of Multimodal Freight Infrastructure and Policy, as required
under BIL. The President's FY 2023 budget requests $2 million to
establish the new office, including 5 new Full-Time Positions (FTPs) to
provide oversight and execution for multimodal freight policy across
DOT.
Economic Impact of Vehicle Safety. The National Highway Traffic
Safety Administration (NHTSA) has moved slowly to implement critical
vehicle safety regulations. The Government Accountability Office
released a report in April of 2022 titled Traffic Safety: Implementing
Leading Practices Could Improve Management of Mandated Rulemakings and
Reports, which indicated that 18 of NHTSA's 22 Congressionally mandated
rulemakings are incomplete and overdue. This number does not include
the additional 11 safety mandates included in the President's
Infrastructure Package. GAO found that NHTSA does not utilize best
workflow practices in a number of project stages, and made several
recommendations that could help NHTSA meet its statutory deadlines.
Question 3. Will you ensure that NHTSA implements the four
outstanding recommendations GAO has identified to help improve NHTSA's
regulatory process?
Answer. Yes. NHTSA concurred with all four of the GAO's
recommendations and is committed to ensuring that NHTSA implements them
as expeditiously as possible. As part of the process to address GAO's
recommendations, NHTSA will provide an update on the status of our
progress for each recommendation.
Question 4. How would DOT's FY 2023 budget help address NHTSA's
regulatory backlog and improve the agency's efficiency?
Answer. NHTSA's rulemaking programs advance the Department's
priorities by developing and updating the Federal Motor Vehicle Safety
Standards and other regulations in the key areas of fuel economy, crash
avoidance, crashworthiness, post-crash safety, international policy,
and consumer information. Among many activities which help address
NHTSA's regulatory responsibilities and improve the agency's
efficiency, the FY 2023 budget request will enable NHTSA to:
Continue efforts on regulatory proposals to standardize
performance of automatic emergency braking (AEB) technologies
in both light and heavy vehicles, including Pedestrian AEB in
light vehicles;
Develop and promulgate safety standards for pedestrian crash
protection;
Support concurrently, for the first time, both light-duty
and medium-and heavy-duty vehicle fuel efficiency programs
while continuing to ensure standards will be based on sound
science and empirical evidence; Develop and promulgate
standards to address the unique safety risks associated with
battery electric vehicles and fuel-cell vehicles; and
Continue to update the New Car Assessment Program (NCAP),
including efforts to implement design and consumer information
improvements to the Government 5-Star Safety Ratings section of
the Monroney label to enhance transportation safety and equity.
FAA Safety Mission. There is much work to do at the FAA; aviation
safety must be the top priority.
Investments in Fiscal Year 2023 are key to building the FAA's
safety capacity, including implementation of critical safety reforms
under the Aircraft Safety, Certification, and Accountability Act, which
this Committee played a critical role in drafting. As I stressed in the
Commerce Committee's November 2022 safety reform hearing with the FAA
Administrator, building FAA's safety capacity requires ensuring the FAA
has the technical capacity and workforce to evaluate and certify the
latest aviation technologies. Increasing the FAA's capability in this
space will help keep our aviation sector safe and competitive.
Question 5. How does the Department's FY 2023 budget request
provide resources needed to implement congressionally-mandated aviation
safety and certification reforms?
Answer. The Aviation Safety Organization (AVS) Fiscal Year (FY)
2023 budget request includes more than $6.4 million to fund 86 full-
time positions to address the staffing requirements from the Aircraft
Certification, Safety, and Accountability Act (ACSAA). The budget
request also includes a request for $7.5 million to fund various
systems, including $6 million for an Aircraft Certification oversight
support tool/data analytics platform that enhances the Continued
Operational Safety modernization objectives.
The increased hiring of systems engineers, safety inspectors,
flight test pilots, trainers, and human factors engineers is needed to
conduct comprehensive reviews of each manufacturing ODA holder's
ability to meet regulations, to process amended type certificates for
modifying an aircraft, and to provide flight test and pilot training.
Additional staff will also better integrate human factors and system
safety assessments of aircraft flight deck and flight control systems
into the FAA's certification process and regulatory oversight.
Rebuilding FAA Senior Management. We also know there is an urgent
need to rebuild senior management at the FAA. As you know, we have a
vacancy at the FAA Administrator position. It is critical that the next
Administrator is ready to lead the FAA's aviation safety mission on day
one.
Additionally, the FAA has also lost senior managers due to
retirements in the Air Traffic Organization (``ATO'') and Commercial
Space Transportation (``AST'') offices as well as the Flight Standards
Service (``AFX'') and Aircraft Certification (``AIR'') in the Office of
Aviation Safety (``AVS''). These vacancies present challenges to
ensuring proper oversight and regulation of aviation safety throughout
the National Airspace System.
Question 6. What steps is the Department taking to rebuild and fill
the senior management positions for air traffic, commercial space and
aviation safety, including flight standards and aircraft certification?
Answer. The FAA has filled the Aviation Safety, Flight Standards,
and Aircraft Certification positions with highly knowledgeable and
experienced leaders.
Aviation Safety: Capt. Billy Nolen is FAA's Associate
Administrator for Aviation Safety (AVS) and the Acting
Administrator of the FAA. He has over 33 years of experience in
operations and corporate safety, regulatory affairs, and flight
operations. He started his career as a 767, 757, and MD-80
pilot with American Airlines. His passion for operations and
safety led to the role of Manager of the Pilot Aviation Safety
Action Program (ASAP). He then became Manager of Flight Safety
with responsibility for Accident/Incident Investigations,
Flight Operational Quality Assurance, Line Operations Safety
Audits, and oversight of the Pilot and Maintenance ASAPs. He
has also served as Senior Vice President of Safety, Security,
and Operations with Airlines for America; Executive Manager of
Group Safety & Health for the Qantas Group; and Vice President
of Safety, Security, and Quality at WestJet in Calgary,
Alberta. Capt. Nolen is a graduate of Embry-Riddle Aeronautical
University, where he earned a Bachelor of Science in Aviation
Management and has certificates in aviation safety from the
U.S. Naval Postgraduate School, U.S. Army Safety Center, and
the University of Southern California. He is a Fellow of the
Royal Aeronautical Society (FRAeS) and has travelled
extensively across the globe. In April 2022, he began serving
as the agency's acting Administrator, where he continues to
provide leadership over key aviation safety initiatives.
Flight Standards: Mr. David Boulter assumed the role of
Executive Director for Flight Standards in March 2022. He was
most recently Vice President, Flight Program Operations, where
he led the Administrator's 2016 mandate to consolidate six
agency flight programs into a single service unit in the Air
Traffic Organization. He was responsible for all aspects of FAA
Flight Program safety, including administration, operations,
training, and maintenance, with a staff of 500 employees and a
$100 million budget. Mr. Boulter has been with the agency for
24 years, starting as an aviation safety inspector in the
Scottsdale Flight Standards District Office, and later as a
pilot and check airman, and as the Senior FAA Representative in
Afghanistan when the agency assisted in reconstituting air
navigation services in the country. He began his aviation
career in the U.S. Coast Guard. Prior to his career at the FAA,
Mr. Boulter held various civilian aviation positions in part
121 and part 135 operations as a pilot, flight instructor,
check airman, and Chief Pilot of a commuter airline. Mr.
Boulter holds an Airline Transport Pilot certificate with CL60,
BE30, EMB-110, CV24-34-44 type ratings, and he is a Certified
Flight Instructor. He is presently serving as the acting head
of the Office of Aviation Safety while Capt. Nolen serves as
the acting Administrator.
Aircraft Certification: Ms. Lirio Liu assumed the role of
Executive Director of Aircraft Certification (AIR) in May 2022.
She is especially qualified for this position as she has served
in executive leadership positions in the Office of
International Affairs, AVS, and specifically AIR. She began her
FAA career in the Los Angeles Aircraft Certification Office as
a structural engineer working on type certification and
supplemental type certification programs for rotorcraft, large
transport, and small airplanes. She served as the Executive
Director for Operational Safety in the Commercial Space
Transportation Office and held a variety of executive
leadership roles within Aviation Safety, including the
Executive Director for Rulemaking and acting Deputy Associate
Administrator. She also served as the Deputy Regional
Administrator for the Western-Pacific Region and as the FAA
Senior Representative in Paris. Most recently, she was the
Executive Director for the Office of International Affairs,
where she provided executive leadership and guidance in the
development of international policy across the various
disciplines of the FAA. Ms. Liu holds a Bachelor of Science in
Aerospace Engineering from the University of Texas at Arlington
and a Master of Science in Aviation and Aerospace
Sustainability from Embry-Riddle Aeronautical University.
Air Traffic Organization: Mr. Tim Arel assumed the role of
Chief Operating Officer for the Air Traffic Organization (ATO)
in October 2022. Mr. Arel has spent 33 years with the FAA and
developed expertise in airspace security, air traffic safety,
resource management and labor relations. Prior to being named
ATO Chief Operating Officer in October 2022, he served as
Deputy COO from 2017-2022, overseeing domestic air traffic
operations and managing the ATO Officers Group, the
organization's executive leadership team. Mr. Arel's previous
leadership roles in the ATO include Director of Safety, Deputy
Vice President of Safety and Technical Training and Vice
President of Air Traffic Services. Earlier in his career, Arel
managed the ATC Investigations Team, the Compliance Services
Group, the Quality Assurance Group and the Runway Safety Group.
He began his FAA career as an air traffic controller in 1989.
Mr. Arel is a veteran of the U.S. Air Force and has a
background in public safety, having worked as an emergency
medical technician, firefighter, 911 operator and police
officer. He is a graduate of the Federal Executive Institute's
Leadership for a Democratic Society and the Harvard John F.
Kennedy School of Government's Driving Government Performance.
Commercial Space Transportation: Mr. Kelvin Coleman assumed
the role of Associate Administrator for the Office of
Commercial Space Transportation (AST) in September 2022. In
this role, Mr. Coleman is responsible for ensuring the
achievement of AST's mission to oversee and enable the safest
commercial space transportation system in the world. Mr.
Coleman has more than 25 years of leadership experience in AST.
He has served as Deputy Associate Administrator, Chief of
Staff, Senior Technical Advisor for Operations Integration,
Program Lead for Space and Air Traffic Integration, and Special
Assistant to the Associate Administrator. Prior to joining AST,
Mr. Coleman worked for the U.S. Naval Air Systems Command
(NAVAIR) as both a systems engineer, and as a guidance,
navigation, and control engineer for several weapon system
acquisition programs. Mr. Coleman is a graduate of the U.S.
Department of Agriculture's Executive Training Program. He also
holds a B.S. in Electronics and Computer Engineering from
George Mason University and an M.B.A. from Marymount
University.
Question 7. Will you commit to ensuring that this new leadership
team at FAA will prioritize Congressional-mandated safety reforms?
Answer. Yes, the FAA leadership team is firmly committed to
continuing the agency's efforts to prioritize and implement the safety
reforms mandated by Congress.
Certification of eVTOL Aircraft. It has recently been reported in
the media that the FAA has switched its certification procedure for
electric vertical takeoff and landing (``eVTOL'') aircraft from 14 CFR
21.17(a) to 14 CFR 21.17(b).
Question 8. Please explain FAA's rationale for changing the
certification procedure to 14 CFR 21.17(b).
Answer. The FAA's top priority is to make sure the flying public is
safe, which includes oversight of the emerging technology of eVTOL
vehicles.
For the FAA to certify these types of aircraft as airplanes under
14 CFR 21.17(a), each project would have required the FAA to address
the vertical takeoff and landing capabilities by issuing multiple
special conditions. The FAA also identified challenges with this
approach, particularly for certificating pilots and enabling
operations.
In adjusting the approach to certifying powered lift aircraft as a
special class under 14 CFR 21.17(b), the agency is pursuing a framework
that will help address the need to train and certify the pilots who
will operate these novel aircraft, and can take advantage of
technologies that will transform aviation. The FAA believes this
approach will facilitate the development of a stable framework for safe
operations, bolstering the agency's efforts to safely and efficiently
integrate new types of aircraft into the Nation's aerospace system,
while providing a simpler pathway for applicants to obtain the
necessary FAA approvals.
It is important to note that the FAA's standards for certifying the
aircraft remain unchanged. Development work done by applicants remains
valid, and the FAA believes that the changes in its regulatory approach
should not delay these proposed projects. As this segment of the
industry continues to grow, the FAA looks forward to ensuring that
these innovative technologies provide the safety that the public
expects.
Question 9. The G-1 issue paper from the FAA for JOBY initially set
14 CFR 21.17(b) as the certification basis, before the G-1 issue paper
was amended in 2019 to set 14 CFR 21.17(a) as the certification basis.
This is prior to the more recent switch back to 14 CFR 21.17(b). Why
was this amendment to the G-1 issue paper made in 2019, and was that
amendment done with the concurrence of all pertinent offices within
FAA?
Answer. The initial draft of the G-1 issue paper for the Joby S-4
identified the aircraft as powered-lift and designated the
certification basis under 14 CFR 21.17(b) in accordance with existing
regulations and policy. While the G-1 was in work, concerns were raised
surrounding the operational uncertainty and airman qualifications of
powered-lift. In response, the FAA classified the Joby S-4 as an
airplane and designated the certification basis under Sec. 21.17(a).
The FAA modified its approach to ensure the agency is pursuing a
framework that will accommodate the need to train and certify the
pilots who will operate these novel aircraft, establishing a framework
that can be tailored to take advantage of technologies that will
transform aviation. All versions of the issue paper were worked in
accordance with FAA policies and procedures, including required
coordination and concurrence with pertinent offices.
The FAA continues to work with Joby on the certification basis and
means of compliance for the S-4 aircraft. The FAA has held multiple
meetings with Joby, including its senior leadership, about its decision
to certify Joby's proposed aircraft as a special class. The FAA
provided an updated G-1 issue paper to Joby on May 17, 2022, and
subsequently reached closure on the issue paper on July 27, 2022. The
FAA published airworthiness criteria in the Federal Register on
November 8, 2022 (87 FR 67399). The FAA does not anticipate a schedule
delay with the modified approach and is committed to continued
collaboration to finalize the means of compliance.
Question 10. What are the implications and differences for U.S.
certified eVTOL aircraft under Bilateral Aviation Safety Agreements if
said aircraft are certified under 14 CFR 21.17(b), as opposed to 14 CFR
21.17(a)?
Answer. The FAA has successfully worked validation projects for
both Sec. 21.17(a) and Sec. 21.17(b) products with multiple foreign
authorities; the technical requirements are the same under either path.
For validation of any product, the validating authority places
particular focus on areas with new or novel design features, safety
critical items, or where requirements or guidance are not harmonized
between the authorities. For eVTOL aircraft, this would include a large
portion of the design since many of the requirements cover new and
novel design features. The FAA is committed to working with applicants
and the agency's bilateral partners on any validation efforts.
Pilot Supply Challenges and Essential Air Service. In March,
SkyWest Airlines petitioned DOT to exit its Essential Air Service (EAS)
contracts in 29 communities. The EAS program provides airlines with
subsidies to ensure that small and rural communities retain
connectivity to the national air transportation system. Without EAS,
these communities would lose service.
In explaining it decision, SkyWest said the airline ``would prefer
to continue providing scheduled air service to these cities'' but ``the
pilot staffing challenges across the airline industry preclude us from
doing so.''
It is critical that we continue to have a healthy supply of pilots
so that communities across the country remain as connected as ever. In
fact, our Aviation Subcommittee held a field hearing on May 13 at a new
flight school in Arizona, to take a closer look at the aviation
workforce. According to statistics from the U.S. Department of Labor,
about 14,500 openings for airline and commercial pilots are projected
each year, on average, over the decade. We need to fill these slots so
aviation and, in turn, our economy can grow.
Question 11. I understand that the Department has rejected
SkyWest's petition to exit these rural markets and will hold the
carrier to its contractual commitments until replacement airlines are
able to step in. What should the Department and Congress be doing to
strengthen the EAS program? Specifically, are there any statutory
requirements--such as the entitlement to 2-engine and 2-pilot
aircraft--to which Congress should consider changes?
Answer. In light of the COVID-19 pandemic and ongoing changes to
and pressure on the aviation industry and the resulting impact on small
communities, including those eligible for EAS, the Department is taking
an intensive look at the EAS program. As the Department develops its
thinking on these issues, the Department looks forward to working
closely with Congress on any legislative proposals.
Question 12. What are the Department and the FAA doing to ensure
that we continue to have enough commercial airline pilots to meet
current and future demand? We should not do anything to lower the
safety bar. Colgan Air flight 3407 taught us the importance experience
and training for our flight crews. Given that, what steps can the DOT
and Congress take to further develop the aviation workforce in a way
that appropriately addresses this pilot supply issue?
Answer. We agree that lowering safety standards is not an option to
address the pilot supply issue. Airlines and aviation industry as a
whole needs to be at the forefront to address this issue successfully.
While the aviation industry is responsible for growing the
workforce, DOT is working to support industry efforts with the
following actions:
The FAA released a second round of funding for the Aircraft
Pilots Workforce Development Grants Program earlier this year
that will help foster aviation interest in high school students
with curriculum and experiences that should be designed to get
them started toward careers in aviation.
The FAA will shortly release a second round of funding for
the Aviation Maintenance Technical Workers Workforce
Development Grants Program that will support the education and
recruitment of aviation maintenance technical workers and the
development of the aviation maintenance workforce.
Each FAA region has adopted a school to work with to expand
STEM education and foster an early interest in aviation. In
addition, the FAA has offered a successful program, the Airport
Design challenge, which provides students K-12 an opportunity
to design an airport using Microsoft Minecraft, while learning
about aspects of an airport. This program has been extremely
successful in the first three iterations, with hundreds of
students enrolling in each iteration. More information can be
found at the following link: https://www.faa.gov/airport-
design-challenge.
The FAA is also finalizing a MOU with the Smithsonian Air
and Space Museum focused on STEM education.
We have also entered discussions with the Department of Education
and the Department of Labor on how we could use their programs to help
increase financing for flight training, enhance recruitment and develop
apprenticeship programs that place a diverse talent pool on track to
successfully complete flight training.
Question 13. What is the Department's and the FAA's measurement of
the available commercial airline pilot and demand, if any? How many
airline transport pilot licenses (ATPLs) and restricted privileges
airline transport pilot licenses (R-ATPLs) does the FAA project to
issue in the next 5 years and how does that correspond with demand for
pilots from the U.S. airline industry, as calculated by the Federal
government?
Answer. The FAA conducts a forecast of pilots based on the number
of active certificates, by the supply side, considering the active
fleet of commercial airlines and of business jets (FAA Aerospace
Forecast Fiscal Years 2022-2042, Table 30). The forecast shows an
increase in the number of ATP certificates during the upcoming 20-year
period as in the following chart from the 2021 Aerospace forecast. The
FAA's upcoming forecast projects that the total number of ATP
certificates will return to 2019 levels this year.
5G and Aviation Safety_July 2022 Concerns. As you know, there is
currently a voluntary agreement between telecommunications providers
and the FAA to mitigate interference issues caused by deployment of 5G
services and ensure the safe coexistence of aviation operations and 5G
technologies. The mitigation agreement in place is set to expire in
early July and there is concern that without further agreement, we may
see operational problems in the aviation system. I know this deadline
is fast approaching and want to make sure appropriate action is taken
to avoid the uncertainty we experienced in December 2021 and January
2022 about the ability for safe aviation operations to continue.
Question 14. Is DOT actively working with the FAA, FCC and telecoms
to get a mitigation agreement that goes well beyond the current July
deadline?
Answer. The deployment of 5G has raised concerns among airline
operators about potential aircraft safety issues. The Department
believes, and continues to work toward, the safe co-existence of
aviation and 5G C-band wireless services.
Our Department has partnered with AT&T and Verizon to successfully
identify 5G C-band deployment and mitigation strategies. These
strategies allow nearly unimpeded access to airports for most aircraft
while at the same time allowing for deployment of the vast majority of
5G C-Band antennas by the wireless companies. The burden is shared by
both industries but have been kept to a minimum. The aviation industry
has stepped up in developing modifications for existing equipment to
improve their tolerance of the 5G environment. We expect to see those
improvements installed on the fleet in the coming months.
Safety remains the Department's number one priority. While we do
everything we can to ensure aviation is not a barrier to the deployment
of 5G, we will not sacrifice safety.
The National Economic Council, with DOT support, continues to
oversee the collaboration among various parts of the government, the
aviation industry and the wireless industry. FAA meets regularly with
the National Telecommunications and Information Administration (NTIA)
and the Federal Communications Commission (FCC) to exchange
information.
The Department expects future actions by the FCC, including
spectrum auctions and new regulatory actions, will be conducted through
required collaboration and due consideration to aviation safety and the
concerns of stakeholders that are directly or indirectly affected,
using the model for collaboration we have established for aviation and
5G C-band.
Question 15. Is DOT conducting or planning to conduct an
independent study to clarify or validate concerns submitted to the FAA
from operators about the presence of 5G inference?
Answer. We are not planning to conduct an independent study. We
firmly believe 5G and the U.S. aviation system can safely co-exist. We
are committed to working collaboratively with wireless companies and
the aviation industry to safely address the presence of 5G
interference.
Question 16. Some commercial U.S. aircraft operators have already
begun the process of acquiring filters for radio altimeters--or new
altimeters altogether--in order for their fleets to withstand fulsome
deployment of 5G in the C-Band. As we look to the rollout of 6G in the
future, has FAA given thought to whether aircraft equipage upgrades
necessary to operate in a 6G environment should be paid for out of FCC
auction proceeds? Has FAA been in contact with FCC and NTIA on this
issue?
Answer. The National Economic Council, with DOT support, continues
to oversee the collaboration among various parts of the government, the
aviation industry and the wireless industry. FAA meets regularly with
the NTIA and the FCC to exchange information.
The Department expects future actions by the FCC, including
spectrum auctions and new regulatory actions, will be conducted through
required collaboration and due consideration to aviation safety and the
concerns of stakeholders that are directly or indirectly affected, as
was the case for aviation and 5G C-band.
Port Infrastructure Grants. Secretary Buttigieg, I worked hard to
secure $2.25 billion in the Infrastructure Investment and Jobs Act (PL
117-58) over the next five years for the Port Infrastructure
Development Grant Program. I'm frustrated to hear from constituents
about delays in evaluating project applications, delays in the awards
of funding, and delays in budget amendments to existing grant awards.
The supply chain challenges that began with the COVID-19 pandemic
continue to be a regular concern for our economy and consumers. We need
to move goods through our ports as quickly as possible, that is why I
fought for this investment in port infrastructure.
Question 17. Will you commit to work with us to identify ways to
streamline the Port Infrastructure Development Program grant process,
including reviews of applications, awarding of grants, facilitating
budget amendments, and ensuring harmonized approaches to environmental
reviews to help get funding on the ground, faster?
Answer. Yes, I agree that investing in our port and intermodal
infrastructure, as quickly as possible, is critical to strengthening
U.S. supply chains, and the Bipartisan Infrastructure Law's (BIL) more
than $2.25 billion toward the Port Infrastructure Development Program
(PIDP) and Marine Highway programs will be a big part of that. The
Department is working closely with MARAD and other Operating
Administrations to implement BIL provisions, including the PIDP Grant
Program, expediently and consistent with the requirements laid out by
Congress and the Administration's priorities. PIDP grant awards of
approximately $703 million were most recently announced in October
2022.
In the National Defense Authorization Act of 2022, we changed the
criteria of the Port Infrastructure Development Program to allow ports
that will receive grant funding to more efficiently use their own money
to start projects prior to receipt of Federal funds, with your
Department's permission. This helps start projects faster, which has
never been more important. I have heard from stakeholders that the
Maritime Administration (``MARAD'') has interpreted this language so
that pre-award costs must be included in the proposed budget in the
grant application and be for pre-construction activities. To be an
allowable expenditure, MARAD also requires the National Environmental
Policy Act (``NEPA'') compliance to be completed, not yet be incurred
or expended, and comply with all Federal requirements. MARAD's
interpretation of this provision limits its utility, as design and
permitting are often done before grant awards are announced. Further,
most applicants only start NEPA compliance once they know they are
receiving an award. Pre-NEPA construction costs should be eligible
under the language in the National Defense Authorization Act.
Question 18. Will you commit to work with me to ensure that MARAD
is using its authority to the greatest extent possible to get projects
started and improve the movement of goods through our ports?
Answer. Yes, I am committed to ensure projects are started
expeditiously consistent with law and improving the movement of goods
through our ports.
Culvert Grant Program. Secretary Buttigieg, the Infrastructure
Investment and Jobs Act (PL 117-58) included a new program to address
salmon-blocking culverts. This program's intent is to boost salmon
recovery while correcting historical infrastructure injustices that
have harmed fishery-dependent Treaty Tribes and other communities that
rely on healthy fish stocks. In the state of Washington, there are
1,000 state-owned culverts blocking salmon from reaching their spawning
grounds, and many more culverts that are currently being assessed.
Secretary Buttigieg, I fought to secure $1 billion over the next
five years for this new program. We need both the Department of
Transportation's expertise to address roads, bridges, and culverts, and
NOAA's expertise with fish passage and salmon science. Finally, Tribes
play a key role in salmon restoration and co-management. I urge the
Department to work closely with our Tribes in the development of the
National Culvert Removal, Replacement, and Restoration Grant Program.
Question 19. How will the Department ensure that the best available
fisheries science will be used in the design of the new National
Culvert Removal, Replacement, and Restoration Grant Program?
Answer. The Department has ensured that the new National Culvert
Removal, Replacement, and Restoration Grant Program (Culvert AOP
Program) was designed using the best available fisheries science by
consulting with the National Oceanic and Atmospheric Administration
(NOAA) and the United States Fish and Wildlife Service (USFWS), who
administer their own fish passage programs and who use the best
available fisheries science in their programs, and leveraging the
experience of the Federal Highway Administration's (FHWA) Federal Lands
Highway Division, which has assisted Tribes and Federal Land Management
Agencies in producing viable, state of the practice aquatic organism
passage (AOP) projects across the United States. NOAA and USFWS
participated in developing FHWA's Culvert AOP Program Notice of Funding
Opportunity, which was released on October 6, 2022. Going forward, the
Department will: 1) continue to remain current on the overall state of
the science and practice; 2) advance the state of practice by
conducting DOT and collaborative research into AOP and the associated
hydrologic and geomorphic elements of AOP to advance and evolve
practice; 3) engage in efforts to capture and apply national approaches
(including training, videos, pilot studies, and lessons learned); and
4) provide technical assistance opportunities.
Question 20. Will you work with NOAA to ensure that projects have
the maximum potential for salmon recovery outcomes? Please describe in
detail the interagency process that will be used to incorporate
interagency expertise.
Answer. Yes, FHWA is consulting with NOAA and USFWS to achieve the
greatest conservation benefit for anadromous fish, consistent with our
statutory responsibilities under the BIL and the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.). FHWA participated in a Partner
Workshop hosted by USFWS in July 2022 at their National Conservation
Training Center in Shepherdstown, West Virginia. USFWS brought together
Federal agencies, including NOAA, Tribal representatives, state fish
and wildlife agencies, and non-governmental organizations to identify
shared goals and improve collaboration and coordination related to fish
passage programs in BIL. NOAA and USFWS are uniquely positioned to
coordinate fish passage efforts among the Federal family and will
participate in FHWA's grant review process to maximize conservation
outcomes.
Question 21. It is important that NOAA is involved in both the
design of the program, as well as implementation and grant selection.
How will the Department work with NOAA in grant selection?
Answer. As required by the BIL, FHWA consulted with NOAA and USFWS
on the Culvert AOP Program to establish a process for determining
criteria for awarding grants under the program, and to establish
procedures to prioritize awarding grants under the program for certain
projects as described in BIL. NOAA and USFWS will participate in FHWA's
grant review process, as described in the NOFO, to maximize
conservation outcomes.
Question 22. Please describe the process that the Department will
use to ensure the appropriate coordination and consultation with Tribes
on the design and implementation of the program.
Answer. FHWA is consulting with NOAA and USFWS to develop a process
to provide technical assistance to Indian Tribes and underserved
communities to assist in the project design and grant process and
procedures, as required in the BIL. Additionally, the Department and
FHWA have already and will continue to coordinate with Tribal
governments to capture the insights and needs of Tribes in all facets
of the program and to administer technical assistance such as webinars,
instructional videos, and other online materials. FHWA participated in
a Partner Workshop hosted by the USFWS in July 2022 that brought
together Federal agencies, including NOAA, Tribal representatives,
state fish and wildlife agencies, and non-governmental organizations to
identify shared goals and improve collaboration and coordination
related to fish passage programs in BIL. FHWA's Partner Workshop
coordination will be ongoing throughout implementation of the Culvert
AOP Program. FHWA also co-facilitated, with USFWS, three Tribal
listening sessions in September 2022 to collect insights and needs
relating to the Culvert AOP Program as well as the USFWS National Fish
Passage Program.
A Notice of Funding Opportunity was released for the Culvert AOP
Program on October 6, 2022.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Hon. Pete Buttigieg
Safe Driver Apprenticeship Pilot Program. The Infrastructure
Investment and Jobs Act established the Safe Driver Apprenticeship
Pilot Program, a three-year program that allows 18-, 19-, and 20-year-
olds to operate commercial motor vehicles (CMVs). According to reports,
CMV drivers under the age of 19 are four times more likely to be
involved in fatal crashes, as compared to CMV drivers who are 21 years
of age and older, and CMV drivers ages 19-20 are six times more likely
to be involved in fatal crashes when compared to CMV drivers 21 years
and older.
In its Federal Register notice, the Federal Motor Carrier Safety
Administration (FMCSA) said it ``will compare the safety performance
data of 18-, 19-, and 20-year-old intrastate drivers to known safety
performance of intrastate drivers and interstate drivers. FMCSA will
use existing data from FMCSA systems to compare current safety and
performance of CMV operators to the safety and performance of
apprentices participating in the pilot program.''
Question 1. Does the FMCSA plan to make this safety comparison data
available to the public throughout the program and prior to launch? If
so, please explain the process of doing so; if not, please explain why
not.
Answer. FMCSA will be compiling the comparison data after
conclusion of the pilot program. Compiling comparison data after the
pilot allows the analysts to account for key factors such as carrier
sizes, profiles, geographic driving profiles, or other factors that may
be potentially important in developing a comparison sample. The
comparison data that is ultimately used will be made available publicly
without personally identifiable information as part of the public use
data set released at the end of the study. The data being used for
comparison will be collected through FMCSA systems such as the Motor
Carrier Management Information System (MCMIS) and the NHTSA Fatality
Analysis and Reporting System (FARS) throughout the same time frame as
the pilot program data is being collected.
New Entrant Knowledge Test Rulemaking. In 1999, Congress required
the U.S. Department of Transportation to initiate a rulemaking to
ensure that new applicant motor carriers are knowledgeable about safety
standards before being granted New Entrant authority through a
proficiency examination or other alternatives. When the interim final
rule was published in 2002, the Federal Motor Carrier Safety
Administration (FMCSA) decided not to require a proficiency examination
because ``it believes that the educational and technical assistance
materials provided to the new entrants and the safety certifications on
the required application forms will demonstrate the new entrants
understand applicable safety regulations.'' In 2009, FMCSA announced an
advanced notice of proposed rulemaking of whether to include a
proficiency examination in further revision of the New Entrant Safety
Assurance Process. Despite inclusion on the January 2022 Significant
Rulemaking Report, no further action has been taken.
Question 1. Please provide an update on the status of further
revisions to the New Entrant Safety Assurance Process to include a
proficiency examination, including a specific timeline for rulemaking.
Answer. The Agency is currently exploring regulatory options
concerning new entrant knowledge testing. Any updates regarding the
rulemaking timeline will be reflected in future Unified Agendas for
Regulatory and Deregulatory Actions.
Pre-employment Screening Program. Since 2009, the Federal Motor
Carrier Safety Administration's (FMCSA) Pre-employment Screening
Program (PSP) has provided motor carriers with critical data for
evaluation of driver applicants' safety records. In 2013, results of a
study from FMCSA found that motor carriers using PSP reduced their
crash occurrences by 8 percent more, on average, than motor carriers
who did not incorporate PSP in their hiring process. A number of truck
and bus safety stakeholders have expressed support for expanding PSP to
allow access to driver safety data on an ongoing basis rather than just
during the hiring process.
Question 1. Does the FMCSA support expanding PSP so data is
available on an ongoing basis? If so, please describe the steps
necessary to achieve this; if not, please explain why not.
Answer. Data under the PSP is available on an ongoing basis in that
the driver data contained in the accident and inspection reports
identified in 49 U.S.C. 31150(a) continues to be amassed and available
to new prospective employers who utilize the PSP every day. The current
language in 49 U.S.C. 31150 limits the Department's provision of this
information to persons conducting preemployment screening.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Hon. Pete Buttigieg
Airport Service Workers. Airport service workers play an essential
role in ensuring that Americans have access to safe, reliable air
travel. Too often, these workers' critical contributions go unnoticed.
But throughout the pandemic, their importance has never been clearer.
Unfortunately, these workers--who are disproportionately people of
color--are often overworked and underpaid.
Question 1. Can you briefly describe the essential role that
airport service workers play in our air travel system?
Answer. Airport service workers provide direct assistance to
passengers; handle baggage; clean, fuel, and cater aircraft; provide
retail and food services in airport terminals; and help ensure security
for the flying public. Each of these roles is critical to the safe and
efficient operation of the aviation system and enhance the travel
experience of the flying public.
Question 2. Do you agree that airports are safer when airport
service workers earn a living wage and benefits?
Answer. The FAA maintains strong safety oversight for air carriers
and airports that ensures safe and effective airfield and ramp
operations, and the Transportation Security Administration maintains a
strong oversight regime to ensure security for aircraft and airport
operations. These oversight regimes require that anyone interacting
with aircraft are vetted, properly trained, and perform their job
functions in a manner consistent with the highest levels of safety and
security for aircraft operations and the flying public. Airport
employment practices are generally subject to Federal and state
employment laws. The FAA supports the enforcement of all such
applicable laws to ensure fairness in wages and benefits.
IIJA Implementation. Can you please provide an update on progress
towards implementing the following provisions in the Infrastructure
Investment and Jobs Act:
Question 3. The Advanced Notice of Proposed Rulemaking to update
seat back safety standards, IIJA Sec. 24204.
Answer. NHTSA is working to issue an Advance Notice of Proposed
Rulemaking to update FMVSS No. 207, ``Seating systems,'' in accordance
with section 24204 of the Bipartisan Infrastructure Law by the
statutory deadline.
Question 4. Evaluation of Early Warning Reporting (EWR) data to
identify improvements, IIJA Sec. 24216.
Answer. NHTSA is currently conducting information gathering as part
of its process of developing proposals for improving Early Warning
Reporting (EWR). NHTSA has conducted extensive outreach with
stakeholders including industry groups and individual manufacturers
representing the various EWR reporting categories: light vehicles,
buses, medium and heavy vehicles, recreational vehicles, motorcycles,
tires, and child restraints. Once the information gathering process is
complete, NHTSA will prepare recommended improvements along with the
report to Congress as required by section 24216 of the BIL.
Question 5. Establishment of a grant program for states to inform
owners and lessees of motor vehicles about open recalls at the time of
registration, IIJA Sec. 24103.
Answer. NHTSA issued a Notice of Funding Opportunity (NOFO) for
this grant program in FY 2022. While the agency did not receive any
applications for FY22, it is now preparing to issue a NOFO for FY 2023
grants. NHTSA has conducted outreach to States and the American
Association of Motor Vehicle Administrators and will continue its
efforts to promote this funding opportunity in 2023.
______
Response to Written Questions Submitted by Hon. Tammy Duckworth to
Hon. Pete Buttigieg
Prioritizing Accessibility. Modernizing our transportation systems
so that all Americans may enjoy them, including people living with
disabilities requires greater funding and better laws. It also requires
leaders to instill inclusive and universal design principles into every
facet of a project, from planning to implementation. The Federal
Highway Administration is implementing this through its budget request
by including a commitment to evaluate its American with Disabilities
Act program to make sure it's being effectively implemented.
Question 1. Will you commit to directing all relevant DOT component
agencies to follow the lead of FHWA in conducting comprehensive ADA
program evaluations and more importantly, requiring these agencies to
use the findings to inform and guide efforts to make accessibility and
universal design principles a top priority across programs?
Answer. The Bipartisan Infrastructure Law offers a generational
opportunity to improve access for people with disabilities.
Reinvigorating programmatic enforcement of the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act across all
relevant DOT components is key to realizing that promise. It is a
commitment in our Equity Action Plan and all Operating Administrations
have been asked to incorporate equity priorities into their budgets and
share best practices and insights.
All Stations Accessibility Program (ASAP) Act Implementation. The
Biden administration recognizes the importance of establishing the
historic $1.75 billion All Stations Accessibility Program through
enactment of the Bipartisan Infrastructure Law. In Illinois, the
Chicago Transit Authority is anxious to submit applications for ASAP
grant funding as they've had a detailed ASAP Strategic Plan in place
since July 2018. CTA is eager to access resources that will accelerate
its implementation.
Question 2. What is the current timeline for implementation of the
ASAP Act, including a rough date of when the Federal Transit
Administration will begin accepting applications.
Answer. On July 26, 2022, the 32nd anniversary of the Americans
with Disabilities Act, the Federal Transit Administration (FTA)
released the All Stations Accessibility Programs Notice of Funding
Opportunity (NOFO). Applications were due October 7, 2022, and FTA is
currently reviewing applications.
Improving Air Travel for Disabled Passengers. Disability complaints
related to air travel have significantly increased. In January,
disability complaints were up 34 percent compared to January 2019, and
in February, disability complaints were up 51 percent from February
2019. This steep uptick in disability complaints has not been paired
with a commensurate increase in enforcement action. The market has
failed to fix this long-standing problem, while air carriers appear to
fear no consequence from Federal regulators.
Question 3. What enforcement actions will the Department take to
hold air carriers accountable for violating civil rights of passengers
with disabilities on a routine and regular basis?
Answer. The Department is committed to ensuring a safe and
accessible air transportation system. We know that transportation can
be a barrier to opportunity--or, as we aim to promote, it can be a way
to break down barriers and allow everyone to reach their fullest
potential.
The Department takes seriously our responsibility to advance access
to air transportation for individuals with disabilities, and we
recognize that enforcement of the rules prohibiting discrimination
against individuals with disabilities is an important component of that
responsibility. We have renewed our focus on investigating allegations
of disability-based discrimination in air transportation and are taking
enforcement action when an investigation leads us to conclude that
egregious or systemic violations have occurred.
The Department has also taken other steps towards improving
accessibility for airline passengers. In March 2022, we proposed a new
rule that would increase the size of lavatories on single-aisle
aircraft, so passengers who use wheelchairs can better access them. To
address concerns about inadequate training for airline personnel who
handle wheelchairs or physically lift people onto or out of their
aircraft seats, we recently initiated work on a rulemaking that would
improve training for these employees and make mishandling wheelchairs a
per se violation that is subject to fines.
Additionally, on July 8, 2022, the Department published the first-
ever Airline Passengers with Disabilities Bill of Rights, an easy-to-
use summary of the fundamental rights of air travelers with
disabilities under the Air Carrier Access Act. Its goal is to empower
air travelers with disabilities to understand and assert their rights
and help ensure that U.S. and foreign air carriers and their
contractors uphold those rights. It was developed using feedback from
the Air Carrier Access Act Advisory Committee, which includes
representatives of passengers with disabilities, national disability
organizations, air carriers, airport operators, contractor service
providers, aircraft manufacturers, wheelchair manufactures, and a
national veterans organization representing disabled veterans.
Digital Construction Management Systems. With hundreds of billions
of dollars in new taxpayer money being spent on infrastructure projects
around the country, it is more important than ever to ensure that money
is spent wisely as labor shortages and supply chain problems have
slowed work and made capital projects more costly. Investing in and
prioritizing proven digital technologies to plan, model, construct and
maintain infrastructure is vital because these technologies save
project sponsors time and money.
Question 4. How will the Department evaluate whether project
sponsors are utilizing digital construction management systems to
achieve program objectives as it implements different Bipartisan
Infrastructure Law programs and awards competitive grants?
Answer. The Department is in constant communication with state and
local project sponsors, industry stakeholders, representatives and
interest groups in order to provide technical assistance to communities
on all types of industry best practices. In addition, the Department
will assess the continued progress of States in adopting advanced
digital construction management systems (ADCMS) and report those
findings to Congress and the public as required by BIL Section 13006.
FHWA is also working on implementation of the ADCMS program authorized
under 23 U.S.C. 503(c)(5), which will promote, implement, deploy,
demonstrate, showcase, support, and document the application of
advanced digital construction management systems, practices,
performance, and benefits.
GPS Resiliency and Backup. The U.S. Global Positioning System (GPS)
is critically important to our nation, providing position, navigation
and timing (PNT) services that underlie our economic and national
security. Unfortunately, GPS systems are increasingly threatened by
disruption, jamming, and attacks by malicious actors, including the
most recent reports of Russia interfering with U.S. provided GPS
signals abroad. The Department and other agencies throughout the
Administration have been studying this issue for decades.
Question 5. What is the status of backup GPS in light of documented
concerns over jamming and spoofing and what is the timeline for the
Department's action on operational testing?
Answer. As part of the FY 2022 President's Budget, DOT proposed a
$17 million investment to support a more resilient civil GPS and to
enable more responsible Positioning, Navigation, and Timing (PNT)
usage. The FY 2022 Omnibus also provided an additional $5 million above
the FY 2022 request for the implementation of the Complementary PNT and
GPS Backup Technologies Demonstration Report, published in January
2021.
Implementation of FY 2022 funding supports two significant PNT
resilience efforts:
$15 million to implement the recommendations of the
Complementary PNT and GPS Backup Technologies Demonstration
Report.
$7 million to develop capabilities for civil GPS performance
monitoring and interference detection, and signal
authentication. This work is in support of implementation of
Executive Order 13905, ``Strengthening National Resilience
Through Responsible Use of Positioning, Navigation, and Timing
Services,'' which provided new requirements for responsible PNT
usage.
DOT's focus is on facilitating adoption of complementary PNT
technologies into end-user applications by developing a similar level
of standards, resiliency and vulnerability testing, and performance
monitoring as exists for GPS. DOT convened a Complementary PNT Industry
Roundtable on August 4, 2022, to bring PNT service providers and
Critical Infrastructure users together to discuss facilitating adoption
of technologies so users are assured that they will get the GPS backup
and/or Complementary PNT services they need to operate safely https://
www.transportation.gov/pntindustryround.
It will take a combination of the awareness of PNT
vulnerabilities, investments by owners/operators of critical
infrastructure, and vulnerability testing to ensure the
transition from experimentation to actual adoption of
Complementary PNT services and products.
DOT is developing an action plan of concrete recommendations
from the roundtable that lead to demonstratable progress on the
adoption of Complementary PNT capabilities.
DOT, in coordination with DHS, is developing PNT contract language
to require Federal adoption of resilient PNT solutions into
transportation and other critical infrastructure sectors applications.
The intent is that once PNT resilience Federal contract language is
developed, it will be adopted by end users in the Transportation
Systems Sector. An example of where this contract language will be
applied is through a pilot program with the Maritime Administration
(MARAD) focused on GPS jamming and spoofing detection and mitigation
capabilities in Ready Reserve Force Fleet vessels.
______
Response to Written Question Submitted by Hon. Jon Tester to
Hon. Pete Buttigieg
Energy Independence. I believe that our Nation must also stand up
to President Putin's despicable acts by strengthening our energy
independence and helping our allies access American energy as they look
for options to pivot away from purchasing Russian energy.
Question. Can the Department commit to expeditiously approving
deepwater port applications sitting with the United States Maritime
Administration that have fulfilled all NEPA requirements and would help
stabilize global energy markets?
Answer. The Department commits to continue to work closely with the
United States Coast Guard (USCG) and other Federal and State agencies,
as quickly as possible through a specific review process, to evaluate
deepwater port license applications to issue a Record of Decision
documenting the approval or disapproval of the application.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Hon. Pete Buttigieg
Secretary Buttigieg, I want to thank you for working with me to
pass the HALT [Honoring Abbas Family Legacy to Terminate] Drunk Driving
Act as part of the bipartisan infrastructure law. This law requires all
new passenger cars to include impaired driving technology to end drunk
driving once and for all. Now it's up to you and NHTSA [the National
Highway Transportation Safety Administration] to implement this
statute.
However, I'm concerned. The National Roadway Safety Strategy you
released in January of this year said that you would QUOTE ``initiate a
rulemaking'' for other safety standards. But when your report discussed
the HALT/RIDE Act, you said QUOTE ``consider a rulemaking effort.'' I'm
concerned that your office is holding this requirement to a lesser
standard.
Question 1. Mr. Secretary, did initial drafts of the National
Roadway Safety Strategy say that NHTSA would ``initiate a rulemaking''
required by Section 24220 of the IIJA?
Answer. The National Roadway Safety Strategy (NRSS) used the phrase
``consider a rulemaking'' for the action related to advanced impaired
driving prevention technology to convey that we are working to
gathering data that would support a rulemaking implementing Section
24220. NHTSA is, in fact, initiating a rulemaking.
Question 2. Mr. Secretary, does ``consider a rulemaking effort'' on
pages 24 and 36 indicate a lower standard or a lower priority for the
rulemaking statutorily required by Section 24220 of the IIJA?
Answer. No. The language conveyed the deliberative status of the
rulemaking when the NRSS was written, which is consistent with the
relevant BIL provisions and the requirements in the Administrative
Procedure Act and the other relevant statutes, Executive Orders, and
guidance applying to Executive agencies.
Question 3. Mr. Secretary, will DOT and NHTSA ``initiate a
rulemaking'' to establish motor vehicle safety standards to require
passenger motor vehicles manufactured to be equipped with advanced
impaired driving prevention technology? If so, when?
Answer. Yes, NHTSA initiated a rulemaking in 2022 for advanced
impaired driving prevention technology (RIN: 2127-AM50), as reflected
in the Department's Spring 2022 Regulatory Agenda. Any updates on the
projected timeline for that rulemaking will be reflected in a
subsequent Regulatory Agenda.
Question 4. Mr. Secretary, the statute requires you to establish
this rule. Not ``consider'' it. Why then did your office say that DOT
and NHTSA will ``consider'' this rulemaking?
Answer. The language conveyed the deliberative status of the
rulemaking when the NRSS was written, which is consistent with the
relevant BIL provisions and the requirements in the Administrative
Procedure Act and the other relevant statutes, Executive Orders, and
guidance for Executive agencies. NHTSA is committed to carrying out the
research and analysis necessary to fulfill the statutory requirements
in implementing Section 24220 of BIL.
In December, I had the opportunity to question NHTSA Administrator
Dr. Steven Cliff about the Department's work to put an end to side
underride crashes. I would like to follow up on the progress the
Department has made since then.
In a response to questions for the record following the hearing,
Dr. Cliff stated that NHTSA is working to complete research regarding
underride guards, as is required by the Infrastructure Investment and
Jobs Act, ``as soon as possible.''
Question 5. Mr. Secretary, can you give a specific time-frame on
when we can expect this research to be finished?
Answer. NHTSA has completed the research on side underride guards'
feasibility, benefits, and costs. As required by BIL, NHTSA expects to
publish a Federal Register notice as part of RIN 2127-AM54 to seek
public comment on the agency's research findings on side underride
guards.
In addition, I asked Dr. Cliff for a timeline on setting up the
Advisory Committee On Underride Protection, which was also established
in the infrastructure bill. Dr. Cliff responded that NHTSA is working
``expeditiously'' to establish the Committee and publish a meeting
schedule ``as soon as practicable.''
Question 6. Mr. Secretary, can you give a specific timeline on when
we can expect this Committee to be established?
Answer. The Advisory Committee on Underride Protection was
established on June 30, 2022. On July 6, 2022, NHTSA issued a Federal
Register Notice soliciting nominations for appointment to the Advisory
Committee on Underride Protection (87 FR 40346). The public comment
period closed on August 5, 2022 and the Department is working to
finalize selection and appointment to the Committee.
These collisions are preventable, and with investment and research
in necessary technologies, we can save lives. When I questioned Dr.
Cliff earlier this Congress, he made a commitment to me that he would
dedicate ``the necessary time and resources'' to do the research to
prevent these crashes. Given the importance of this issue and the
devastating consequences if we do not solve it, we need all of the
Department of Transportation to share in this commitment, including
leadership at the very top.
Question 7. Mr. Secretary, will you commit to providing the
necessary time and resources to doing the research necessary to
understand existing and future technologies to prevent side underride
crashes?
Answer. Yes. We have research underway to understand existing and
future technologies to prevent side underride crashes. In FY 2022,
NHTSA initiated research to characterize the rear, side, and rear
oblique appearance of the trailers for camera, radar, lidar, and fused
(i.e., combined) sensors used by advanced driver assistance systems
(ADAS) and automated driving systems (ADS) crash avoidance
applications. NHTSA is also working to publish an advance notice of
proposed rulemaking that considers requirements for side underride
guards on trailers and semitrailers to mitigate underride crashes. This
action will respond to a provision in BIL Section 23011 to conduct
research on side underride guards to assess their effectiveness,
feasibility, costs, and benefits and report the findings in a Federal
Register notice to seek public comment. The results of this BIL
mandated research will inform the agency's rulemaking decisions.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Hon. Pete Buttigieg
DOT Matching Requirements for Under-resourced Communities. Many of
the Department of Transportation's (DOT) programs require grant
recipients to match Federal dollars with non-Federal funding. Cities
and localities in Georgia have the option to enact Special Purpose
Local Option Sales Taxes to help fund transportation projects and to
meet Federal match requirements. However, as the costs associated with
transportation projects increase, many localities across Georgia are
approaching their constitutional limits in increasing sales taxes for
transportation, which could jeopardize opportunities for Federal
funding for lower-income and under-resourced communities. Equity,
inclusion, and environmental justice are a top priority for me, and I
am concerned that disadvantaged and low-income communities will be the
least capable of meeting the DOT's requirements.
Question 1. Does the Department of Transportation recognize the
inability of under-resourced communities to meet the agency's matching
requirement as a barrier to achieving the goal of reconnecting
communities and building out transportation infrastructure in
underserved and disadvantaged communities?
Answer. We recognize the barriers underserved communities face in
accessing infrastructure investments, including limited resources to
meet matching requirements or even to develop successful discretionary
grant applications. We are committed to ensuring that underserved,
overburdened, and disadvantaged communities in urban and rural areas
benefit from access to Bipartisan Infrastructure Law (BIL) investments.
DOT has ramped up technical assistance specific to the needs of these
communities.
For example, the Thriving Communities Program will provide in-
depth, hands-on technical assistance and capacity building to help
disadvantaged communities advance transformative, equitable and
climate-friendly infrastructure projects. As the program launches in
early 2023, it is being coordinated with other Federal place-based
technical assistance programs to maximize impact especially for smaller
under-resourced communities. This includes improved collaboration
between Federal field and regional staff to support communities in
identifying and preparing to apply for Federal funding as part of a
Thriving Communities network.
Additionally, the Rural and Tribal Assistance Pilot Program will
help rural State, local, and Tribal governments with early project
development activities, including financial advisory services. The
Reconnecting Communities Pilot Program includes funding for technical
assistance and planning in addition to capital construction grants to
ensure communities can equitably prepare for and access these
resources.
Lastly, the Department launched the DOT Navigator, a new resource
to help communities understand the best ways to apply for grants, and
to plan for and deliver transformative infrastructure projects and
services. The DOT Navigator provides general information to develop
grant applications and understand frequently required documents. It
provides a menu of technical assistance resources, including contacts
to DOT regional and field offices, available to help new and repeat
grantees to realize their communities' vision for moving goods and
people safely, efficiently, sustainably, and equitably. The DOT
Navigator also provides a guide to Understanding Non-Federal Match
Requirements, which includes instructions for calculating the amount of
non-federal match required, an overview of programs allowing a reduced
match, and tips for applicants on meeting their match requirements.
We are looking closely at the matching and eligibility requirements
for each grant program under the law and helping potential applicants
navigate which programs are best for them and how to build successful
applications.
Question 2. What is the Department of Transportation doing to
ensure disadvantaged and under-resourced communities are able to
participate in DOT grant programs that help build, restore, and improve
transportation?
Answer. The BIL provides $1 billion for discretionary grants over
five years for the Reconnecting Communities Pilot Program. The
Reconnecting Communities Pilot Program will provide States,
metropolitan planning organizations, local and Tribal governments, and
nonprofit organizations with planning and capital construction grants
to help remove barriers to mobility, access, or economic development
due to high speeds, grade separations, or other design factors.
The Department is prioritizing technical assistance for this
program to economically disadvantaged recipients that demonstrate need
as underserved, overburdened, and disadvantaged communities. It is
intended to help build capacity to engage in transportation planning
and to identify innovative solutions to infrastructure challenges,
including reconnecting communities that are bifurcated by eligible
facilities or lack safe, reliable, and affordable transportation
options.
In addition to the Reconnecting Communities Pilot Program, the
Thriving Communities Program will provide in-depth, hands-on technical
assistance and capacity building to help disadvantaged communities
advance transformative, equitable and climate-friendly infrastructure
projects. As the program launches in early 2023, it is being
coordinated with other Federal place-based technical assistance
programs to maximize impact especially for smaller under-resourced
communities. This includes improved collaboration between Federal field
and regional staff to support communities in identifying and preparing
to apply for Federal funding as part of a Thriving Communities network.
Lastly, the Rural and Tribal Assistance Pilot Program will also help
rural State, local, and Tribal governments with early project
development activities, including financial advisory services.
Transit Workforce Development. Transit authorities in Georgia,
including Chatham Area Transit (CAT) in Savannah, are experiencing
substantial economic growth as more Georgians use public
transportation. Simultaneously, CAT has experienced reductions in its
workforce due to the COVID-19 pandemic and increased regional
competition. Additionally, new affordable housing is primarily
concentrated in outlying areas not currently served by CAT, making it
more difficult to attract and retain new riders and workers. This
workforce shortage has forced CAT to temporarily close some of its
routes, which disproportionately affects people who live in affordably
priced housing and rely on CAT to get to jobs, school, and medical
appointments.
Question 3. What is the Department doing to assist transit
authorities experiencing workforce shortages in the midst of the COVID-
19 pandemic? What programs does the Department manage that provide
education and resources to transit authorities related to workforce
development, successful recruitment, and best practices?
Answer. The Federal Transit Administration (FTA) has established
the Transit Workforce Center to help provide information on workforce
strategies and best practices to transit agencies. There is no direct
funding for training or workforce development programs available
through this program, however.
The Bipartisan Infrastructure Law amended the statutory provisions
for the Grants for Buses and Bus Facilities Competitive Program and the
Low or No Emission Program to include the requirement that any
application for projects related to zero-emission vehicles include a
Zero-Emission Transition Plan. Applicants for zero-emission vehicles
must also dedicate five percent of their award on workforce development
and training as outlined in their Zero-Emission Transition Plan. This
funding is intended for workforce programming for the maintenance staff
that is at risk of displacement from fleet transition. FTA did
encourage transit agencies to use the funding to take a broader
approach to workforce development where possible. Awards were announced
in August 2022.
Additionally, recipients of funding under the State of Good Repair,
Urbanized Area Formula, and Buses and Bus Facilities programs can use
up to 0.5 percent of their grant award for workforce development
activities and an additional 0.5 percent for training at the National
Transit Institute (NTI). Workforce development can include on-the-job
training, site visits, or a training program sponsored by a transit
agency.
Sustainable Aviation Fuel (SAF). Sustainable Aviation Fuel (SAF)
holds significant potential as a tool for decarbonization in the
aviation industry. However, the nascent market remains underdeveloped
with SAF being three to five times as expensive as traditional jet fuel
and the supply fails to meet the demand of aircraft carriers. A bill I
introduced, S. 3125, the Aviation Emissions Reduction Opportunity
(AERO) Act, would help catalyze the market and make SAF more cost
competitive by creating a grant program for alternative fuel and low-
emission aviation technology.
Question 4. Would the SAF and low-emission technologies programs
within the AERO Act assist DOT and the U.S. as whole in becoming a
global leader in sustainable aviation? If so, in what ways?
Answer. Yes, the sustainable aviation fuels (SAF) and low-emission
technologies programs within the AERO Act would help to continue
longstanding DOT and U.S. leadership in sustainable aviation, and the
provisions in the recently enacted Inflation Reduction Act (IRA)
follows the AERO Act's goals. The IRA includes the Alternative Fuel and
Low-Emission Aviation Technology Grant Program to carry out projects in
the United States that produce, transport, blend, or store sustainable
aviation fuel (SAF), or develop, demonstrate, or apply low-emission
aviation technologies, which the Department is working diligently to
implement. The law also includes an SAF fuel credit for alcohol fuel,
biodiesel, and alternative fuel mixtures.
Question 5. How is DOT currently working with public and private
sector stakeholders to promote and advance SAF and low-emissions
technology development and production?
Answer. Over the last decade plus, DOT has established strong
public-private partnerships with a focus on sustainable aviation. For
example:
We have the Continuous Lower Energy, Emissions and Noise
(CLEEN) program to work with industry in a cost-share
partnership to accelerate the development and introduction of
aircraft and engine technologies. This program not only
supports the Administration's priority to address the climate
crisis through improvements in fuel efficiency and reductions
in emissions, but it also supports the development of
technologies that will reduce the noise being experienced by
communities and lessen the impact of aircraft operations on air
quality.
We also have several partnerships with others in the
government as well as the private sector to advance the
development of SAF.
Under the overarching framework of the U.S. National
Aviation Climate Action Plan, which the Administration launched
in 2021 at the 26th Conference of the Parties to the United
Nations Framework Convention on Climate Change (COP-26) with
the strong support of the U.S. aviation industry, the
Department has been working with the Departments of Energy and
Agriculture to develop and implement the SAF Grand Challenge.
The SAF Grand Challenge commits the three agencies to advancing
the development and deployment of high integrity sustainable
aviation fuels. The Federal agencies will work in partnership
with industry to dramatically expand SAF production and
availability.
Through the Aviation Sustainability Center of Excellence
(ASCENT), we collaborate with university researchers and
industry stakeholders to conduct testing, analysis, and
coordination activities related to SAF as well as support the
development of technological innovations to address the
environmental challenges facing the aviation industry.
The FAA is also working to eliminate lead emissions. In
February 2022, aviation and petroleum industry leaders and the
FAA announced the EAGLE Initiative (Eliminate Aviation Gasoline
Lead Emissions) that outlines how our country can safely
eliminate the use of leaded aviation fuel by the end of 2030
without adversely affecting the existing piston-engine fleet.
Since 2006 we have been working in partnership with the
airlines, airports, and manufacturers to advance SAF through
the Commercial Aviation Alternative Fuels Initiative (CAAFI).
We are beginning to implement the SAF grant program and,
with the Treasury Department, the SAF production and blending
tax credits established under the Inflation Reduction Act. Each
of these programs will directly engage private sector
stakeholders.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Hon. Pete Buttigieg
Question 1. Please explain the method by which the Department of
Transportation is prioritizing the recommendations of the November 2022
National Academy of Public Administration report on addressing the
critical staffing, infrastructure, and other updates needed to
modernize the Merchant Marine Academy and bring Kings Point up to the
standard that the midshipmen deserve. What mechanism is the department
using to track progress on the steps to address each recommendation?
Please provide timelines and next steps for addressing the priority
recommendations.
Answer. The Maritime Administration (MARAD) and U.S. Merchant
Marine Academy (USMMA) are currently working to address more than a
dozen recommendations set forth in the National Academy of Public
Administration (NAPA) report. MARAD is working to create the Task Force
recommended by the NAPA report and required by the most recent National
Defense Authorization Act (NDAA). MARAD and USMMA are also working to
address NAPA recommendations in the areas of infrastructure and
maintenance and sexual assault and sexual harassment (SASH)
prevention--which are among the issue areas identified by NAPA as
requiring immediate attention in its ``Implementation Plan (White
Paper).'' MARAD and USMMA are also addressing recommendations in other
areas, including staffing and governance--recognizing that the NAPA
report indicated that USMMA needs additional expertise to be able to
address the many long-standing challenges it faces.
Full implementation of the recommendations will take years of
effort and resources; including recommendations that NAPA suggested
should be examined and addressed under the auspices of the Task Force,
which NAPA indicated could last up to two years. MARAD leadership is
tracking progress toward implementation efforts that are underway, and
will continue to coordinate with responsible offices to ensure ongoing
progress. Intense efforts have been underway at MARAD for nearly a year
to strengthen the Academy and address urgent challenges, including
creation and implementation of the ``Every Mariner Builds a Respectful
Culture'' (EMBARC) SASH Prevention program and creation of a new MARAD
Office of Cadet Training and Safety. Informed by the NAPA report,
efforts to address the many challenges at USMMA will continue as
quickly and deliberately as possible.
Question 2. The tanker security fleet was fully funded in 2022.
What is the current status of implementing the program?
Answer. The Maritime Administration's interim final rule
establishing the Tanker Security Program published in the Federal
Register on December 7, 2022. The Notice of application period for the
Tanker Security Program published in the Federal Register on December
9, 2022, and the deadline for applications is February 7, 2023.
Question 3. Why is the administration requesting to provide no
funding to the Cable Security Fleet, a program that would ensure cable
ships are available to keep our underwater cable networks functioning
for economic and national security?
Answer. On September 1, 2021, MARAD awarded operating agreements to
two cable repair ships: DEPENDABLE and cable repair ship DECISIVE,
operated by the Transoceanic Cable Ship Company, LLC of Baltimore, MD,
a subsidiary of SubCom, LLC of Eaton, N.J. While the ships are now
sailing under U.S. flag in order to comply with the Cable Security
Fleet (CSF) program requirements, they had both been operated by SubCom
under ally flag for years prior to the CSF inaugural awards and were
consistently available for hire by U.S. commercial users.
Congress provided an additional $10 million in the FY 2022
Consolidated Appropriations Act for the Cable Security Fleet (CSF)
program. Like all prior year requests, the FY 2023 Budget request does
not include funding for the CSF Program because the U.S. Navy has its
own cable repair capability to support federally-owned undersea cable
assets and, while the program shifts two ships from ally flag to U.S.
flag, it has not (and is unlikely to) result in an increase in
commercially available cable repair capability. The Department is
continuing to focus on executing the funds provided to date and
continues to assess the effectiveness of the program.
Question 4. The bipartisan infrastructure law included $36 billion
in advanced appropriations for the Federal-State Partnership for
Intercity Passenger Rail grant program. The up to $24 billion for the
Northeast Corridor may take years to spend as Amtrak and other
railroads work out the necessary planning to implement projects
effectively. Despite this, the Administration's FY 2023 budget seeks
almost $446 million more in annual appropriations for the Fed-State
program that likely cannot be spent promptly. Meanwhile, the
Administration's FY 2023 budget seeks a reduction in the annual
appropriation for the Consolidated Rail Infrastructure and Safety
Improvements (CRISI) grant program, during a time of well-publicized
supply chain congestion reflecting the need for investments in freight
infrastructure. Can you explain the rationale behind these policy
positions?
Answer. The Administration is delivering on its commitment to spark
the next rail revolution with the funding secured through the
Bipartisan Infrastructure Law (BIL). The FY 2023 President's Budget
supports the long-term, generational investment provided by BIL that is
required to improve existing and develop new rail infrastructure across
our country. The FY 2023 President's Budget strikes a balance to ensure
both freight rail and passenger rail mobility and safety priorities can
be addressed. The United States requires both a strong freight and
passenger rail network to drive economic prosperity.
The FY 2023 President's Budget includes $1.5 billion for the CRISI
program in annual and supplemental advance appropriations. This funding
will enable States, local governments, and railroads to advance
congestion relief projects to address freight and passenger rail
chokepoints and improve rail network fluidity to more efficiently move
goods from shippers to the American people.
The $7.6 billion in annual and supplemental advance appropriations
requested in FY 2023 for the Federal-State Partnership Program will
help the Northeast Corridor (NEC) systematically address its state of
good repair backlog and implement service improvements, as well as
enhance existing intercity passenger rail corridors or develop new
corridor services across the country. Prior to the passage of the BIL,
the Northeast Corridor Commission identified a $100 billion funding gap
to deliver a 15-year infrastructure plan for addressing corridor state-
of-good-repair and service improvement needs. Similarly, over the last
15 years, States, public rail authorities, and some private sector
entities have led extensive planning efforts to prepare rail projects
for investment in corridors across the country. Robust funding for the
Federal-State Partnership program is required to reverse decades of
underinvestment in intercity passenger rail. The American public
deserves a first-rate, intercity passenger rail system that can meet
the transportation challenges of today and the future.
Question 5. During the hearing, you indicated that any return of
``mask mandates'' in transportation would be a matter for the Centers
for Disease Control and Prevention and the Transportation Security
Administration, rather than the Department of Transportation (DOT).
Thus, you indicated that the Department of Justice's (DOJ) appeal of
the injunction from the Middle District of Florida in Health Freedom
Defense Fund, Inc. v. Biden would not impact any DOT decisions. The
Federal Railroad Administration (FRA), however, had issued Emergency
Order No. 32, which requires facemask use in railroad operations. FRA
explicitly indicated that it would cease enforcement of Emergency Order
No. 32 in response to the court decision. Will DOT and FRA take further
action (e.g., renewed enforcement or complete rescission of Emergency
Order No. 32) based on the result of the DOJ appeal?
Answer. The Department's policy will be informed by the continued
public health judgment of CDC. Passengers and employees should be
respected whether they choose to wear a mask or not and we plan to
maintain that approach.
Question 6. The administration is pushing to increase the sale of
electric vehicles. Yet, when setting Corporate Average Fuel Economy
standards, NHTSA is statutorily prohibited from considering electric
vehicle fuel economy for establishing maximum feasible standards. When
DOT develops future CAFE standards, covering 2027 and beyond, does
NHTSA plan to account for electric vehicle sales when it is statutorily
prohibited from doing so?
Answer. As in all past rulemakings, NHTSA will not consider
electric vehicles in ways that would be inconsistent with 49 U.S.C.
32902(h).
Question 7. NHTSA, through a standing general order (SGO), is
currently requiring vehicle manufacturers and operators to report data
on automated driving systems and advanced driver assistance systems
after certain incidents occur, which NHTSA intends to make public. What
is NHTSA's plan to make the information collected through the SGO
public?
Answer. NHTSA released an initial tranche of data collected through
the Standing General Order on its website on June 15, 2022. The data
are available here: https://www.nhtsa.gov/laws-regulations/standing-
general-order-crash-reporting-levels-driving-automation-2-5. NHTSA has
since been updating the data monthly.
Question 8. I championed the Rural and Tribal Advancement Act in
the bipartisan infrastructure law to help local communities better
compete for infrastructure dollars and navigate the complexities of
project planning. Given this program does not require additional
appropriations, can you provide timing on when it will be up and
running so rural and tribal communities can utilize this important
pilot?
Answer. Section 21205 of the Bipartisan Infrastructure Law (BIL)
directs the Build America Bureau (Bureau) to provide technical
assistance and advisory services to rural and tribal entities to
increase their readiness for borrowing from the Bureau's credit
assistance programs. Bureau financing and project delivery best
practices can reduce project costs and deliver transportation
infrastructure faster than traditional approaches. The BIL appropriated
$10 million over 5 years for the Bureau to provide financial, technical
and legal assistance and procure advisory services for potential rural
and Tribal project sponsors. The Bureau expects to issue a Notice of
Funding Opportunity by the end of the year.
Question 9. The White House Council on Environmental Quality is
revising permitting rules to require consideration of even minor and
indirect impacts under the National Environmental Policy Act (NEPA).
This will slow the review process, and I am concerned these new burdens
could completely scuttle good projects through sheer weight of
bureaucracy. How do you plan to assist grant recipients in navigating
this ever-more-complex review process?
Answer. The recently adopted CEQ NEPA rule affirmed the
longstanding requirement that Federal agencies evaluate both direct and
indirect environmental effects of their actions. The revisions help
address implementation challenges of the 2020 rule and will assist in
getting critical projects built faster. Additionally, the Department
continues to pursue a number of strategies to make the environmental
review and permitting process more efficient while ensuring protection
for communities and the environment.
Question 10. Unfortunately, substance abuse continues to be a
national problem, and the trucking industry is not immune. Since its
inception in January 2020, more than 120,000 violations have been
reported to FMCSA's Drug and Alcohol Clearinghouse. Hair testing has
been shown to effectively detect for illegal drug use. Federal
acceptance of hair testing would allow employers to better identify
safety-sensitive employees in violation of Federal drug testing
regulations. Would you support a collaboration between FMCSA and a
transportation research facility, such as a University Transportation
Center, on a study of the efficacy and benefits of hair testing?
Answer. FMCSA drug and alcohol use and testing regulations are
authorized by the Omnibus Transportation Employee Testing Act of 1991
(OTETA), codified at 49 U.S.C. 31306. Section 31306(c)(2) requires that
DOT follow the Department of Health and Human Services' (HHS) Mandatory
Guidelines for technical and scientific testing issues. Thus, while DOT
has discretion concerning many aspects of testing in the transportation
industries' regulated programs, we must follow the HHS Mandatory
Guidelines for the laboratory standards and procedures used for
regulated testing.
HHS issued proposed Mandatory Guidelines for Federal Workplace Drug
Testing Using Hair (HMG) in September 2020 (85 FR 56108) (Sept. 10,
2020). HHS received a high volume of comments, including studies and
data, addressing the efficacy of hair testing. We understand that HHS
is currently evaluating the comments and data received. Once HHS has
published final mandatory guidelines, DOT's Office of Drug and Alcohol
Policy and Compliance will conduct the required rulemaking to
incorporate the hair testing guidelines into our DOT-wide testing
regulations, which FMCSA must follow.
Question 11. During the hearing, you mentioned that you would be
willing to work with Senators on a pilot program to advance DOT's
understanding of autonomous vehicles (AVs). However, the 2021 Spring
Regulatory Agenda proposed to withdraw NHTSA's anticipated ``Pilot
Program for Collaborative Research on Motor Vehicles with High or Full
Driving Automation.'' Can you explain why, despite your recent
testimony, NHTSA intends to withdraw this pilot program that would be
useful for the agency to understand the current state of development of
AVs?
Answer. NHTSA is interested in establishing an effective program
that addresses imminent needs and one that can provide an appropriate
level of incentives for participation, while also ensuring strong
safety oversight and public transparency. NHTSA's review of the Pilot
Program's advance notice of proposed rulemaking suggests that we would
not be able to accomplish all of these goals within that proposed
framework. However, NHTSA will use all the public comments we received
to that notice and collaborate with Congress and other stakeholders on
whether and how best to establish such a new program that can
effectively help us to evaluate the safety of ADS technology and
encourage safe innovation.
Question 12. During the hearing, you mentioned that DOT needed a
legislative Federal framework for autonomous technologies and vehicles.
What can NHTSA do within its current authorities to update the Federal
Motor Vehicle Safety Standards (FMVSS) to encourage the development of
these technologies and vehicles?
Answer. NHTSA has robust authority to oversee the safety of
autonomous technologies and vehicles. Nothing in NHTSA's Federal Motor
Vehicle Safety Standards (FMVSS) prevents manufacturers from developing
autonomous technologies and vehicles. Manufacturers and operators of
automated vehicles may currently deploy them on public roads as long as
these vehicles comply with current FMVSS and do not present an
unreasonable safety risk. However, if an Automated Driving Systems
(ADS)-equipped vehicle has an alternative design (e.g., removal of
pedals), manufacturers may not be compliant with some existing FMVSSs.
NHTSA continues to conduct research into modernizing its FMVSS for ADS-
equipped vehicles. In line with this work, NHTSA recently published a
final rule focused on ADS-equipped vehicles, which amends the occupant
protection FMVSSs to account for future vehicles that do not have
traditional manual controls associated with a human driver. This final
rule makes clear that, despite their innovative designs, vehicles with
ADS technology must continue to provide the same high levels of
occupant protection that current passenger vehicles provide.
Question 13. NHTSA has granted an exemption petition from the FMVSS
under Part 555 for one company, though others have submitted petitions
for exemption. What is the status of the other pending exemption
petitions? How soon can we anticipate DOT to release its
determinations? What is the agency doing to streamline, expedite, or
otherwise increase the transparency of the review process for exemption
petitions?
Answer. NHTSA is committed to processing in a timely fashion any
petitions submitted under 49 CFR Part 555 for vehicles equipped with
Automated Driving Systems (ADS). NHTSA is actively working to respond
to several petitions for temporary exemption requests for ADS-equipped
vehicles. In July 2022, NHTSA published notices of receipt for two
petitions under this section, one from Ford and one from General
Motors. NHTSA sought comment on whether to grant the petitions and, if
so, whether to include conditions on the deployment of any exempted
vehicles. The comment period for these notices closed on September 21,
2022, and NHTSA is currently reviewing public comments. NHTSA is
committed to evaluating these requests expeditiously and to ensuring
that they meet statutory and regulatory requirements, including by
showing that the temporarily exempted vehicles provide an equivalent
level of safety or do not unreasonably lower their safety level.
Question 14. The administration has advocated for many policies
purported to increase competition, improve safety, and reduce
emissions, with agencies now moving forward with regulations to
accomplish those goals. These efforts should reflect awareness of the
significant disruptions to our Nation's supply chains. Supply chains
are complex systems, and regulatory efforts could impose further
operational disruptions on the freight transportation sector, even when
intended to provide relief. Will the Department fully consider and
assess the impacts of all regulations it supports or proposes on the
functioning of supply chains before taking any action?
Answer. The Department is working diligently with the White House-
led Supply Chain Disruptions Task Force (Task Force) to address supply
chain disruptions and challenges, which arose due to the pandemic. At
the onset, we worked with the Ports of Los Angeles (LA) and Long Beach
(LB), which account for more than a third of all containerized U.S.
imports, and the broader freight industry in Southern California,
including ocean carriers, terminal operators, railroads, and truckers,
to ``flatten the globe'' on key freight issues and identify challenges
before they arise.
The Administration also encouraged the ports to impose fees on
ocean carriers for import containers that were staying on the port
terminals longer than usual. Since the Ports' Commissions authorized
the fees to be levied in November 2021, we saw a peak 70 percent
reduction in long dwelling containers at the Ports of LA and LB.
Current ships at anchor in San Pedro Bay is near zero, while the Task
Force continues to work on congestion that has arisen on the east and
gulf coasts.
In late April 2022, I testified at the STB's hearing on rail
service issues, because we have observed increased delays and
congestion on our freight rail networks. We recognize the importance of
freight rail to moving America's goods efficiently and effectively and
want to ensure this integral part of the supply chain is able to
reliably meet the demand.
We are also focused on ensuring better data infrastructure
throughout the supply chain to strengthen our ability to identify
challenges and address them in real time. On March 15, 2022, the
Administration announced the Freight Logistics Optimization Works
(FLOW) pilot program to help speed up delivery times and reduce
consumer costs. By providing a shared view of the national logistics
system, including both supply and demand assets, FLOW is supporting the
American businesses throughout the supply chain and improving accuracy
of information from end-to-end.
FLOW is a first-of-its-kind effort by the Administration and
companies to develop a digital tool that gives them information on the
condition of a node or region in the supply chain so that goods can be
moved more quickly and cheaply, ultimately bringing down costs for
families and making the supply chain more resilient. There are now 36
participants that are a part of FLOW, which we expect will continue to
grow over the coming months. In August 2022, existing partners convened
at DOT to discuss the results of their recent innovative data sharing
through the FLOW program and how it can help meet the challenges that
remain. DOT looks forward to continuing to collaborate with industry,
small businesses, technology experts, and others to further develop
this tool and enable industry to make more informed decisions that will
improve the movement of goods along our supply chain.
Question 15. The majority of countries around the world have
eliminated or significantly reduced COVID testing requirements for
international travel, yet the United States continues to have a policy
in place where a negative test is required within one day of departure
when flying into our country, regardless of vaccination status. This
restrictive policy discourages travel to the United States and hurts
our global competitiveness, particularly for the tourism industry
during the height of the summer travel season. The economic costs
associated with these policies remain significant--according to the
U.S. Travel Association, business travel spending is still 56 percent
below 2019 levels while international travel spending is down 78
percent. Is the Administration considering eliminating or changing the
predeparture testing requirement for travel to the United States?
Answer. DOT continues to support Federal partners in the COVID-19
response and recovery. As of June 12, the Centers for Disease Control
and Prevention (CDC) no longer requires pre-departure COVID-19 testing
for U.S.-bound air travelers.
Follow-up. Why does the Administration States feel this policy is
in the best interest of public health when the majority of countries
have eliminated it?
Answer. As of June 12, the Centers for Disease Control and
Prevention (CDC) no longer requires pre-departure COVID-19 testing for
U.S.-bound air travelers.
Question 15. Cargo Preference is one of the three pillars
supporting the U.S. maritime fleet, which is essential for providing
adequate mariners for strategic sealift during national emergencies. As
acting Maritime Administrator Lessley said at the May 18, 2021, House
Armed Services Committee hearing, ``Cargo preference requirements keep
vessels operating under the U.S. flag and create U.S. mariner jobs.''
How are you, Secretary Buttigieg, working with the Administrator of the
United States Agency for International Development and the White House
to ensure that they understand the role of Cargo Preference in ensuring
U.S. national security and ensuring that we continue to support U.S.
mariners and U.S. ships? Will you commit to holding a meeting with
these agencies to discuss these topics?
Answer. The Maritime Administration (MARAD) engages in continuous
coordination with our Federal partners to improve the effectiveness of
the Cargo Preference program.
As part of that effort, MARAD works closely with Federal agencies
that engage in international ocean shipping to ensure awareness of the
Cargo Preference requirements, offers assistance in locating available
U.S.-flag vessels to meet their transportation needs, and reinforces
their compliance obligation.
MARAD has long-standing working relationships with these partner
agencies and engages in near-daily communications with their
transportation, programmatic, and acquisition staff.
Question 16. Section 115 of the PIPES Act of 2020 requires the
Pipeline and Hazardous Materials Safety Administration (PHMSA) to hold
a meeting of the Gas Pipeline Advisory Committee (GPAC) regarding the
class location rulemaking before December 20, 2021, which has passed.
Can you provide a status update and timeline for when PHMSA will hold a
GPAC meeting on this rulemaking?
Answer. The PIPES Act of 2020 included an aggressive timeline for
the agency to advance rulemakings (as well as other congressional
directives). PHMSA has completed several rulemakings with important
safety impacts related to remote-control valves, gas gathering
pipelines, and increased protections for unusually sensitive areas.
PHMSA has also initiated new rulemakings related to leak detection and
gas distribution pipelines and continues work on the rest of the
regulatory agenda, including changes to class location requirements.
Additionally, PHMSA is undertaking a third-party assessment of its
special permit process, which is often used by operators to address
class location changes within their system. Having this assessment
report complete and available for discussion will help optimize PHMSA's
staff and advisory committee resources. To this end, we anticipate
holding a GPAC meeting on the class location rulemaking after the
conclusion of our special permit process review, which includes a
review of the safety conditions that are used in the special permit
process and their effectiveness in providing safety. The results of
this assessment will be used identifying safety requirements for the
class location change rulemaking.
Question 17. Section 102 of the PIPES Act of 2020 requires PHMSA to
hire eight experts in pipeline safety, pipeline facilities, and
pipeline systems to finalize outstanding rulemakings and fulfill
congressional mandates. PHMSA's FY 2023 budget request says the agency
has begun hiring those eight full-time employees. Can you be more
specific about PHMSA's status to hire those eight experts as required
by the PIPES Act of 2020? Additionally, will PHMSA hire engineers with
expertise in pipeline safety, pipeline facilities, and pipeline
systems, and if not, why not?
Answer. PHMSA successfully onboarded four full-time employees (two
general engineers; an attorney advisor; and a technical writer) and an
additional position (economist) is in the pre-onboarding background
investigation process. All of these positions have been filled with
candidates with pipeline safety or specific discipline expertise to
support rulemaking efforts and fulfill congressional mandates. Another
position was previously filled, but the incumbent resigned for a
position outside the Federal government. Three positions (two general
engineers/physical scientists and a operations research analyst) are in
re-recruitment development status as the previously selected candidates
declined offers. PHMSA is actively recruiting for the remaining
positions, despite an increasingly competitive hiring environment. To
this end, PHMSA continues to apply all hiring flexibilities and
incentives to the recruitment and hiring process. To ensure continuity
of PHMSA's mission, the agency has re-allocated existing personnel
resources where appropriate and practicable. Rulemaking entails a
multidisciplinary approach and requires a hiring strategy to recruit
employees with expertise in a variety of disciplines to ensure the
promulgation of comprehensive, clear, and concise rules that meet a
myriad of statutory mandates such as cost-benefit analysis.
______
Response to Written Questions Submitted by Hon. John Thune to
Hon. Pete Buttigieg
Question 1. Since your confirmation hearings, both you and Federal
Railroad Administration (FRA) Administrator Bose have consistently
noted the important role that innovation will play in reaching the
Department of Transportation's (Department) goal of improving safety.
However, regulatory actions by the Department, especially FRA, have
consistently been hostile to the incorporation of technologies and
final decisions are often not seemingly based on data showing that such
actions would help the Department reach those goals. Can you commit to
taking regulatory action to incorporate safety based on data going
forward?
Answer. I commit to continuing to take regulatory action to
incorporate safety based on data. I agree that innovation is vital to
increasing the safety of our transportation systems, and to that end,
we have adopted Innovation Principles that help America win the 21st
century.
Follow-up. Will you commit to providing Congress with regular
updates on the data being assessed by the Department so that Congress
can independently assess the merits of these technologies?
Answer. We stand ready and available to answer questions Congress
may have about our activities, and I commit to providing updates as
needed on our regulatory activities surrounding new technologies.
Question 2. As you know, last year the National Highway Traffic
Safety Administration (NHTSA) issued a Standing General Order (SGO)
requiring manufacturers, suppliers, and operators of vehicles equipped
with advanced driver assistance systems (ADAS) as well as automated
driving systems (ADS) to report crash information to the agency within
24 hours of an identified incident.
These technologies are distinctly different, and I am concerned
that combining data collection on both systems into one SGO creates a
false perception that the technologies are similar, which could erode
public confidence in AV technology and make future innovation in this
space more difficult.
Can you explain to the Committee how the release of information in
the future will not otherwise harm broader public acceptance of ADAS
and AVs--especially with the related safety benefits that these
technologies hold?
Answer. We believe transparency can increase public confidence in
new technologies, complementing the Department's robust safety
oversight. This Administration is committed to protecting public safety
using all the authorities at our disposal. The public will be far more
likely to accept significant advances in automated technologies if they
have confidence in their safety. The Standing General Order is a
crucial tool for understanding how ADAS and ADS technologies perform,
allowing the Department to assess the safety of these systems and to
take action when an ADS or an ADAS-equipped vehicle poses an
unreasonable risk to safety.
The Department agrees that it is important to clearly distinguish
between ADAS and ADS, and the SGO do so by imposing separate reporting
requirements on each. In addition, NHTSA reports the data for ADAS and
ADS separately. The data are available here: https://www.nhtsa.gov/
laws-regulations/standing-general-order-crash-reporting-levels-driving-
automation-2-5. NHTSA also emphasizes the distinctions between ADS and
ADAS technologies in supporting materials regarding the data. The
reports we released on June 15 of this year separate the data into two
separate reports in order to distinguish the two types of automation,
and the data updated monthly is separated by ADS and ADAS incident
report data.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
Hon. Pete Buttigieg
Background: Secretary Buttigieg, as you know, wireless
telecommunications companies have voluntarily delayed the rollout of 5G
service in the 3.7-4.2 GHz spectrum band (C-band) near airports,
originally scheduled for December 2021, until July 2022. This was done
as a compromise in order to avoid significant impacts to aviation,
including likely extensive disruptions to travel, and to allow time to
assess whether planned 5G operations within the C-band would impact
flight operations and determine what mitigation actions might be
needed.
Question 1. What is the current status of this assessment?
Answer. We firmly believe 5G and the U.S. aviation system can
safely co-exist.
We have made significant progress since January. Daily interaction
between experts from the FAA and the wireless companies helped us
refine our risk model around runways. This enabled the wireless
companies to turn on the maximum number of transmitters while
protecting aviation safety.
As of May 2022, the wireless companies were able to activate about
97 percent of their installed network of more than 26,000 transmitters.
While we are all pleased with this result, we recognized that it was
also temporary. The voluntary mitigations are dependent on the goodwill
of the wireless providers, and they are eager to operate their networks
at full power.
We are working closely and expeditiously with radio altimeter
manufacturers and industry to ensure that modifications, particularly
antenna filters, can be incorporated as quickly as possible. The first
filters are now available. It's imperative for original equipment
manufacturers (OEMs) and airlines to create a plan to quickly retrofit
their aircraft and to communicate those timelines to the wireless
providers as soon as possible.
The long-term solution is to establish a new performance standard
for altimeters in the presence of 5G C-band transmissions. The FAA's
work to help establish that standard is ongoing, but it will take time
for manufacturers to produce these new altimeters and for carriers to
equip. During the time it takes to develop and install new radio
altimeters, our goal is to enable the aviation and wireless industries
to operate as close to full capacity as possible, with minimal
disruption to either business model.
The FAA is hosting a series of roundtable discussions with aviation
and wireless industry representatives to consider the next steps in the
continued safe coexistence of aviation and 5G C-band wireless service.
The groups will continue to collaborate as they work to address the
remaining technical challenges. The FAA continues to use the
information and lessons learned from the 5G discussions to be better
prepared for spectrum and aircraft equipage policies in the future. The
agency plans to use the same framework among the FAA/OEMs/wireless
companies when engaging new entrants--a process that is already well
underway.
The FAA is also working with our interagency partners, including
the National Telecommunications and Information Administration (NTIA)
and the Federal Communications Commission (FCC) to collaborate on any
issues that impact aviation safety. The FAA meets regularly with NTIA
and the FCC to exchange information. The Department expects future
actions by the FCC, including spectrum auctions, and promulgation of
new regulatory actions by FCC, will be conducted through required
collaboration and due consideration of concerns of stakeholders that
are directly or indirectly affected, as was the case for aviation and
5G C-band.
Question 2. Do you expect the issue to be resolved before the busy
summer travel season this year? If not, why not and how much longer
will it take to resolve the issue?
Answer. DOT and FAA have partnered with AT&T and Verizon to
successfully identify 5G C-band deployment and mitigation strategies.
These strategies allow nearly unimpeded access to airports for most
aircraft while at the same time allowing for deployment of the vast
majority of 5G C-Band antennas by the wireless companies.
The aviation industry has stepped up in developing modifications
for existing equipment to improve their tolerance of the 5G
environment. We expect to see those improvements installed on the fleet
in the coming months. During the time it takes to develop and install
new radio altimeters, our goal is to enable the aviation and wireless
industries to operate as close to full capacity as possible, with
minimal disruption to either business model.
Question 3. If the issue is not resolved, will there need to be an
additional voluntary delay on the part of the wireless
telecommunications companies?
Answer. Daily interaction between experts from the FAA and the
wireless companies helped refine the risk model around runways. This
enabled the wireless companies to turn on the maximum number of
antennas while protecting aviation safety. To date, the wireless
companies have been able to activate about 97 percent of their
installed network of more than 26,000 sites.
We continue to work collaboratively with wireless companies and the
aviation industry to ensure unimpeded access to airports for most
aircraft and continued deployment of the vast majority of 5G C-Band
antennas by the wireless companies. As long as everyone remains at the
table, working in good faith, DOT is confident that we will continue
this mutual coexistence without the need for deadlines.
Question 4. Have you had any discussions with the wireless
telecommunications companies about a further delay? If so, what has
been the result of those communications?
Answer. DOT and FAA have partnered with wireless telecommunications
companies to successfully identify 5G C-band deployment and mitigation
strategies. All parties remain committed to continuing to work together
to resolve these issues and ensure minimum disruption of services.
Background: Secretary Buttigieg, on December 1, 2020, then-Federal
Aviation Administration (FAA) Administrator Dickson and then-Department
of Transportation (DOT) General Counsel Bradbury sent a letter to the
National Telecommunications and Information Administration regarding
the potential for harmful interference from the activation of 5G
service in the C-Band. The letter stated:
``Recent testing and analyses reveal the potential for harmful
interference to radar altimeters installed in thousands of
commercial transport aircraft, general aviation aircraft,
business jets, and helicopters . . . Harmful interference can
interrupt or significantly degrade radar altimeter functions
during critical phases of flight--precluding radar altimeter-
based terrain alerts and low-visibility approach and landing
operations. Numerous interdependent aircraft systems use radar
altimeter data to reduce the risk of fatal aviation
accidents.''
So this issue--which nearly upended flight operations in the United
States at the end of last year and beginning part of this year, which
caused significant delays in the planned operations of the wireless
telecommunications companies, which collectively paid more than $80
billion for licenses in the C-Band spectrum--was raised by FAA at least
as far back as December of 2020. While you were not confirmed as
Secretary until February of 2021, Administrator Dickson, who co-
authored the December 2020 letter, remained at the FAA, which is under
the umbrella of DOT, through March of 2022. However, it was not until
the fall of 2021 that you began to engage publicly on the 5G-
interference issue, and even then, it was not until December 31, 2021,
that you sent a letter to the wireless telecommunications companies
urging them to hold off on their planned 5G operations within the C-
band.
Question 5. Secretary Buttigieg, when did you first learn that the
looming activation of 5G service in the C-Band might cause harmful
interference to radar altimeters? Please be as specific as possible.
Answer. There have been public industry and government concerns
expressed related to the deployment of 5G C-band going back to at least
2015. Over several years, FAA participated in testing, connected with
foreign authorities, and communicated its concerns clearly to the
Federal Communications Commission (FCC) via the National
Telecommunications and Information Administration (NTIA). A letter from
FAA and DOT to the NTIA in December 2020, asking one final time to
postpone the spectrum auction, sets forth several examples of this work
since October 2019.
The FAA learned from its previous experiences and engagement on
this issue. We have more information now, are working collaboratively
with stakeholders, and are committed to continuing to work together
towards a safe and equitable pathway forward.
Question 6. Between when you were confirmed in February of 2021 and
October of 2021, was this issue ever raised to anyone within the Office
of the Secretary of Transportation (OST)? Please list each instance,
who raised the issue, to whom they raised it, and the outcome,
including all follow-up actions.
Answer. The FAA has learned from its previous experiences and
engagement on this issue. We have more information now, are working
collaboratively with stakeholders, and are committed to continuing to
work together towards a safe and equitable pathway forward.
Question 7. Then President-elect Biden announced his DOT transition
team on November 16, 2020--almost two weeks before Administrator
Dickson's December 2020 letter. This team included Polly Trottenberg,
who now serves as Deputy Secretary of Transportation. Was this issue
raised to President Biden's transition team? If so, please specify who
raised the issue and to whom they raised it, and the outcome, including
all follow-up actions.
Answer. DOT is not in a position to speak for the Biden-Harris
transition team.
Question 8. Secretary Buttigieg, during the DOT budget hearing on
May 3, 2022, I asked you if you planned to wear a mask the next time
you flew on a commercial airplane. You responded, ``It'll depend on
conditions that day. I don't have a flight today, but next time I do,
I'll think it over.'' Have you been on a commercial flight, Amtrak
train, or public transportation system between that hearing and May 17,
2022?
Answer. Yes.
Follow-up. If so, did you wear a mask? Please also list each
instance, departure and arrival locations, and mode of transportation.
Answer. As of April 18, 2022, the mask mandate put in place for
public ground and air transportation is no longer in effect https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html.
Passengers should consult CDC guidance and make their own decisions
whether to wear a mask and that decision should be respected. https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html
Follow-up. If so, what factors and conditions led you to decide to
wear a mask? Please be specific. If not, what was your reasoning for
not wearing a mask, despite the fact that the Center for Disease
Control's (CDC) recommendations, which are on your DOT website, advise
continuing to wear masks for all large-scale transportation?
Answer. As of April 18, 2022, the mask mandate put in place for
public ground and air transportation is no longer in effect https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html.
Passengers should consult CDC guidance and make their own decisions
whether to wear a mask and that decision should be respected. https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html
Question 9. On April 13, 2022, you stated, ``We have to make sure
whatever we do is responsible from a public health perspective. On one
hand, we are in better shape than ever before thanks to the
vaccinations. . .On the other hand, we have some variants that emerged
and we need to keep a close eye on them. So my hope is we are on a path
forward, ultimately, leading us out of these mandates.'' As previously
mentioned, the CDC still recommends that people wear masks in indoor
public transportation settings. However, in television interview, and
at the Senate Commerce hearing just a few weeks later, you stated
wearing a mask is a personal choice. What additional studies and/or
information were released between April 13 and the hearing on May 3,
which led you to change your position?
Answer. My position has remained the same. The public should
consult CDC's guidance with regard to recommended mask use. As of April
18, 2022, the mask mandate put in place for public ground and air
transportation is no longer in effect. https://www.cdc.gov/quarantine/
masks/face-masks-public-transportation.html Passengers should consult
CDC guidance and make their own decisions whether to wear a mask and
that decision should be respected. https://www.cdc.gov/quarantine/
masks/face-masks-public-transportation.html
Question 10. If you believe that personal choice, should be a
consideration for wearing masks, when specifically did you determine
that mask mandates were no longer a good idea, and what information did
you use to come to this decision? Please be specific and provide all
scientific studies, research materials, etc. you used to come to this
decision.
Answer. As of April 18, 2022, the mask mandate put in place for
public ground and air transportation is no longer in effect. https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html
Passengers should consult CDC guidance and make their own decisions
whether to wear a mask and that decision should be respected. https://
www.cdc.gov/quarantine/masks/face-masks-public-transportation.html
Question 11. During the DOT budget hearing on May 3, 2022, you
stated, with regards to extending the mask mandate, that ``that's not
my call, that's the CDC's.'' Did anyone at DOT, including within OST,
speak with anyone at CDC and/or TSA regarding extensions of the mask
mandate? If so, please specify who was a part of those conversations,
including all participants from DOT, CDC and/or TSA, when each
conversation occurred, and provide all e-mails, letters, memos, or
other documents, which were part of those communications.
Answer. DOT regularly coordinates with interagency partners,
including CDC and TSA, about efforts related to COVID-19. However,
authority for the mask mandates rests with CDC, and TSA is the lead for
transportation mask mandates implemented through security directives.
Question 12. As you know, along with many of my colleagues I was
highly concerned with the Federal Highway Administration's (FHWA)
December 16, 2021, memorandum, which outlines polices and priorities
that either go against the spirit of the infrastructure bill, or in
some cases seem to directly contradict the law. From where, exactly,
does DOT derive the authority to circumvent enacted Federal laws like
the IIJA?
Answer. The Department recognizes the authority of the states to
select projects to be financed with Federal-aid highway funds in
accordance with 23 U.S.C. 145. The memo was not addressed to State DOTs
or Governors and was not a directive to them. As the memo itself
reminds FHWA staff, States and other Federal-aid recipients ultimately
select which projects to build with their formula Federal-aid funding.
FHWA does not have, and has not asserted, the authority to change the
structure of the Federal-aid funding system, which is state
administered and federally funded. There are no mandates or
prohibitions in the memo. Rather, it refers to common-sense priorities
and asks FHWA staff to encourage state decision-makers to consider
opportunities for forward-looking investments.
Follow-up. Does the Department plan to prioritize projects that
update existing infrastructure over projects, which create new
infrastructure, such as adding new lanes to highways?
Answer. As noted in the memo, and as directed in 23 U.S.C. 145,
States decide what projects to build with their Federal-aid highway
formula funds. I recognize and value the role of the States in deciding
how to prioritize the use of their Federal-aid highway dollars. The
memo states that ``application of this Policy does not prohibit the
construction of new general-purpose capacity on highways or bridges. .
.''. As the memo itself reminds FHWA staff, States and other Federal-
aid recipients ultimately select which projects to build with their
formula Federal-aid funding. FHWA does not have, and has not asserted,
the authority to change the structure of the Federal-aid funding
system, which is state administered and federally funded. There are no
mandates or prohibitions in the memo. Rather, it refers to common-sense
priorities and asks FHWA staff to encourage state decision-makers to
consider opportunities for forward-looking investments.
Follow-up. Does the Department plan to prioritize projects, which
qualify for a categorical exclusion from NEPA over those that do not
qualify for a categorical exclusion?
Answer. States decide what projects to build with their federal-aid
highway formula funds. The memo emphasizes the value of focusing
investment on the types of projects described in the memorandum and
notes that they can be delivered faster because, in many cases, such
projects may require only a Categorical Exclusion under FHWA's NEPA
environmental review regulations. As the memo itself reminds FHWA
staff, States and other Federal-aid recipients ultimately select which
projects to build with their formula Federal-aid funding. FHWA does not
have, and has not asserted, the authority to change the structure of
the Federal-aid funding system, which is state administered and
federally funded. There are no mandates or prohibitions in the memo.
Rather, it refers to common-sense priorities and asks FHWA staff to
encourage state decision-makers to consider opportunities for forward-
looking investments.
Question 15. As you know, more than a year ago, in March of 2021,
the FHWA put a `pause' on TxDOT's planned I-45 expansion project in
Houston, TX. This project, which would move the highway to follow U.S.
59 where it will flow along the east side of the Central Business
District and join with I-10 before splitting north to its existing
path, has been in the works for decades. DOT and FHWA's pause of this
project for a civil rights review is still ongoing more than a year
later. So far, this delay has caused the cost of the project to rise by
nearly $750 million, and there is no resolution in sight. Secretary
Buttigieg, what is the current status of the civil rights review of the
I-45 expansion project and when do you expect it to be completed?
Please be specific and provide a detailed breakdown of steps completed
so far in the review, steps still to go, etc.
Answer. Following issuance of the final Environmental Impact
Statement (EIS), various stakeholders in the Houston area sent letters
to the Texas Department of Transportation (TxDOT) alleging that the
North Houston Highway Improvement Project (NHHIP) would have disparate,
negative impacts on communities of color. FHWA received copies of these
letters. FHWA also received letters directly from stakeholders
regarding TxDOT's implementation of the 2019 Memorandum of
Understanding between FHWA and TxDOT concerning state of Texas'
participation in the project delivery program pursuant to 23 U.S.C. 327
(NEPA Assignment MOU).
Upon initial review, FHWA determined that some of the letters
constitute discrimination complaints under Title VI of the Civil Rights
Act of 1964. TxDOT issued its Record of Decision (ROD) for the NHHIP on
February 3, 2021.
In early 2021 FHWA received several letters alleging discrimination
on the basis of race, color, and national origin. In late February
2021, FHWA received a formal Title VI complaint from an individual
resident in the project area. As a result of these letters, on March 8,
2021, FHWA asked TxDOT to pause further contract solicitation
activities related to the NHHIP and began preliminary review of the
Title VI complaints to determine whether they would fall under Title VI
of the Civil Rights Act of 1964. Following review of the letters and
the individual complaint, FHWA's Office of Civil Rights accepted three
complaints for investigation under Title VI and the Department of
Transportation's (USDOT) Title VI regulations at 49 CFR Part 21. By
letter dated June 14, 2021, FHWA requested that TxDOT extend the pause
on project activities to include a pause on right-of-way (ROW)
acquisition, including solicitations, negotiations and eminent domain,
and final design activities to ensure actions would not be taken that
might impact the Title VI investigation and any proposed remedies
should the agency find that voluntary compliance measures are
warranted. In addition, with respect to the NEPA Assignment MOU, in the
June 14, 2021, letter, FHWA notified TxDOT of its decision to review
TxDOT's compliance with the MOU in issuing the ROD for the NHHIP. This
NEPA review is a separate process from the Title VI investigation.
Upon accepting the initial three Title VI complaints in March and
April 2021, FHWA's Office of Civil Rights began an investigation. FHWA
sent a letter to TxDOT on April 15, 2021, outlining the issues to be
investigated and requesting that TxDOT provide a position statement and
responses to an initial set of Requests for Information (RFI). On
August 9, 2021, FHWA received a fourth Title VI complaint against TxDOT
from Harris County, and FHWA consolidated it with its ongoing
investigation in October 2021. TxDOT also provided additional documents
in response to the second and third RFIs, issued on, August 16, 2021
and March 4, 2022.
FHWA initiated discussions with TxDOT to pursue voluntary
resolution of the issues raised in the Title VI complaints, in
accordance with USDOT's Title VI regulations. Also, in November 2021,
in response to a request from TxDOT, FHWA agreed to a partial lift of
the pause to allow TxDOT to undertake certain activities with respect
to Segment 3 that could proceed without creating negative impacts on
individuals in the project area. Specifically, FHWA agreed to allow
TxDOT to proceed with detailed design work for Segments 3A and 3B and
all Union Pacific Railroad crossings contained in Segment 3C.
The Title VI investigation and NEPA review are ongoing, as are
discussions for a potential voluntary resolution agreement. We hope to
resolve the matter soon.
Question 16. Despite putting this project on hold for more than a
year, DOT has not even issued preliminary findings to TxDOT in order
that TxDOT might begin taking corrective actions. Secretary Buttigieg,
has DOT prepared any findings whatsoever with regards to this review?
If so, please provide them.
Answer. I am not able to comment on the specifics of any active and
open investigation, but I commit DOT and FHWA will work as
expeditiously as possible to resolve the investigation with all
stakeholders being heard.
Follow-up. Has DOT put together any kind of report, including any
draft report, on this review? If so, please provide said report.
Answer. DOT has not issued any report on this review to date. That
is the last step completed in a civil rights investigation. In
addition, since this is an ongoing and open investigation, release of
any draft report would not be permitted.
Question 17. The positioning, navigation, and timing (PNT) services
provided by GPS are widely acknowledged to be essential to
transportation systems and supply chain security. Yet GPS signals are
very weak and are under increased threat, as we are seeing with the war
in Ukraine. GPS signals are so important and vulnerable to us here in
the United States, a National Security Council Director recently called
GPS ``a single point of failure'' for the Nation. DOT in a January 2021
report to Congress said that, based on its research, PNT signals from
terrestrial beacons linked by fiber, combined with signals from PNT
signals space, are needed to ensure our transportation and other
systems are safe and secure. What will the department do to use funding
from the infrastructure bill and through the normal budget process to
ensure America is not damaged by interruptions to GPS services?
Answer. As part of the FY 2022 President's Budget, DOT proposed a
$17 million investment to support a more resilient civil GPS and to
enable more responsible Positioning, Navigation, and Timing (PNT)
usage. The FY 2022 Omnibus also provided an additional $5 million above
the FY 2022 request for the implementation of the Complementary PNT and
GPS Backup Technologies Demonstration Report, published in January
2021.
Implementation of FY 2022 funding supports two significant PNT
resilience efforts:
$15 million to implement the recommendations of the
Complementary PNT and GPS Backup Technologies Demonstration
Report.
$7 million to develop capabilities for civil GPS performance
monitoring and interference detection, and signal
authentication. This work is in support of implementation of
Executive Order 13905, ``Strengthening National Resilience
Through Responsible Use of Positioning, Navigation, and Timing
Services,'' which provided new requirements for responsible PNT
usage.
DOT's focus is on facilitating adoption of complementary PNT
technologies into end-user applications by developing a similar level
of standards, resiliency and vulnerability testing, and performance
monitoring as exists for GPS. DOT convened a Complementary PNT Industry
Roundtable on August 4, 2022, to bring PNT service providers and
Critical Infrastructure users together to discuss facilitating adoption
of technologies so users are assured that they will get the GPS backup
and/or Complementary PNT services they need to operate safely https://
www.transpor
tation.gov/pntindustryround.
It will take a combination of the awareness of PNT
vulnerabilities, investment by owners and operators of critical
infrastructure, and vulnerability testing to ensure the
transition from experimentation to actual adoption of
Complementary PNT services and products.
DOT is developing an action plan of concrete recommendations
from the roundtable that lead to demonstratable progress on the
adoption of Complementary PNT capabilities.
DOT, in coordination with DHS, is developing PNT contract language
to require Federal adoption of resilient PNT solutions in
transportation and other critical infrastructure sectors applications.
The intent is that once PNT resilience Federal contract language is
developed, it will be adopted by end users in the Transportation
Systems Sector. An example of where this contract language will be
applied is through a pilot program with the Maritime Administration
(MARAD) focused on GPS jamming and spoofing detection and mitigation
capabilities in Ready Reserve Force Fleet vessels.
Question 18. In January, I joined my colleagues in a letter to DOT
requesting an update and stressing the need for timely implementation
on the rollout of my legislation, the National Timing and Resilience
Act, which was signed into law in November 2018. In response, DOT said
the President's budget proposed taking steps to develop standards and
procedures for a GPS/PNT backup, but said nothing about actually
acquiring and implementing a backup. Almost four years after enactment,
why has DOT still not procured and implemented the GPS backup
technology required by the National Timing and Resilience Act?
Answer. As part of the FY 2022 President's Budget, the
Administration did not request funding for the National Timing
Resilience and Security Act of 2018 (NTRSA) and proposed the repeal of
NTRSA, which requires the Secretary of Transportation to ``provide for
the establishment, sustainment, and operation of a land-based,
resilient, and reliable alternative timing system,'' subject to
availability of appropriations. To date, no such appropriations have
been made available.
Through the FY 2022 Consolidated Appropriations Act, Congress
modified the NTRSA to remove the land-based requirement. However, this
action was not coupled with appropriations for NTRSA and does not
address the Administration's stated concerns that:
No single solution for the provision of back-up or
complementary positioning, navigation and/or timing services
can meet the diversity of critical infrastructure requirements;
and
It would be inefficient, anti-competitive, and potentially
harmful to the existing market for back-up/complementary PNT
services for the Federal Government to procure or otherwise
fund a specific solution for non-Federal users.
The FY 2023 President's Budget request continues the request to
repeal the NTRSA and invests an additional $5 million to continue
implementation of Executive Order 13905, ``Strengthening National
Resilience Through Responsible Use of Positioning, Navigation, and
Timing Services''; and to continue work on GPS signal authentication
capabilities. In support of E.O. 13905 guidance, DOT's focus is on
facilitating adoption of Complementary PNT technologies into end-user
applications by developing a similar level of standards, resiliency and
vulnerability testing, and performance monitoring as exists for GPS.
Question 19. The Department of Transportation and the Department of
Education issued a waiver earlier this year regarding the portion of
the Commercial Driver's License (CDL) application process, which
requires applicants to identify ``under the hood'' engine components.
This was helpful, but a shortage still remains of qualified bus drivers
around the Nation, especially in rural areas. Would you support making
this permanent? Are there other ways that we can reform CDL
requirements to help alleviate workforce shortages?
Answer. Earlier in 2022, FMCSA issued a series of three-month
waivers from the engine compartment portion of the pre-trip vehicle
inspection skills testing requirement, known as the ``under-the-hood''
testing requirement, for CDL applicants seeking a school bus
endorsement and restricted to intrastate operations only. On October
27, 2022, FMCSA granted States a longer-term (two-year) exemption from
the under-the-hood testing requirement for school bus CDL applicants
for intrastate operations.
More broadly, FMCSA is committed to working with the American
Association of Motor Vehicle Administrators (AAMVA), and the State
Driver Licensing Agencies (SDLAs) to consider changes to the pre-trip
vehicle inspection and basic vehicle control portions of the CDL skills
test. AAMVA recently completed field tests of revised skills test
procedures in Maryland, New Hampshire and Virginia and we will work
with our stakeholders to determine whether revised skills test
procedures for all CDL applicants will also address the concerns of the
school bus sector.
Question 20. The Infrastructure Investment and Jobs act (IIJA)
required the Federal Motor Carrier Safety Administration (FMCSA) to
establish an apprenticeship pilot-program allowing driver between the
ages of 18-20 with an intrastate commercial driver's license to operate
interstate commerce. To meet this requirement, FMSCA established the
Safe Driver Apprenticeship Pilot (SDAP) Program. Is FMCSA currently
accepting applications to the SDAP program? If so, when do you
anticipate that all applications will be processed?
Answer. FMCSA announced that it was accepting applications on July
26, 2022, and, as of November 2022, has 18 approved carriers and 23
pending review and approval. FMCSA continues to actively accept and
review applications to the SDAP program and anticipates reviewing them
within 30 days of receipt.
Follow-up. Has FMCSA developed metrics for what it would consider
success for this pilot program? If so, what are they?
Answer. A strong, stable, and safe trucking workforce that offers
good-paying jobs to millions of truck drivers is critical to our
economy. The SDAP Program will support drivers and improve driver
retention while expanding access to quality driving jobs now and in the
years ahead. As required by the Bipartisan Infrastructure Law, the
Department will provide a report to Congress at the conclusion of the
SDAP Program, which includes findings and conclusions with respect to
the Program.
Question 21. The Infrastructure Investment and Jobs Act provides
the FAA with three percent of funding from the new Airport Improvement
Grant program for program administration. However, Texas and the nine
other FAA block grant states are being asked by the FAA to administer
this new program in their states without receiving any of the
additional administrative funds. It seems unfair to pass on the
workload, but not the funding to assist in handling the added
administrative burden, which in Texas is nearly a doubling of their
current program. Can you explain why the FAA is pursuing this unfunded
mandate? Can you ensure that block grant states will get funding to
administer this program?
Answer. In the State Block Grant Program, which is a voluntary
program, the FAA provides funds directly to participating States that
in turn, prioritize, select, and fund Airport Improvement Program (AIP)
projects and now the BIL funded projects at non-primary airports
(General Aviation airports typically without any commercial service).
In addition, many States have levied requirements on Federal grant
funds that are beyond Federal requirements, and various state laws
direct the state to perform tasks on behalf of the local airport
sponsors.
States can claim their additional project administration costs
associated with the increase in projects resulting from the BIL
funding. Currently, States in the FAA State Block Grant Program can
claim project administration costs under the AIP and now under BIL.
Project administration costs are directly related to administering the
project such as application preparation, contract management,
engineering oversight, bidding, etc. (Many of these duties are normally
done by the airport, a consultant, or other hired company, but the
state has taken on these responsibilities for various reasons.) The
majority of costs incurred by a state in administering the Block Grants
can be billed to the FAA funded grant project (AIP or BIL).
The FAA is still ultimately responsible for protecting the Federal
investment and has a significant oversight role for grants funded
through a State Block Grant Program with Airport Improvement Program
(AIP) or Bipartisan Infrastructure Law (BIL) funds. This includes
issuing the grant, reviewing payments and supporting documentation, and
ensuring compliance with all Federal financial laws and grant
assurances associated with these Federal funds.
Question 22. The benefit-cost analysis required in Rural Grant
Program applications is the same as for the INFRA and MEGA Projects
grant program. Given that rural and urban areas often face different
transportation challenges, it is difficult for applicants to meet the
required BCA threshold for the Rural Program. Will you consider
revising the BCA for the Rural Grant Program going forward to reflect
rural areas more accurately?
Answer. The BIL requires that for a project to be awarded funds
under the Rural Surface Transportation Grant Program, DOT must
determine that the project is cost effective. DOT makes this
statutorily required determination by assessing the overall project
benefits and costs and determining if benefits exceed costs for that
project. In the past, many projects in rural areas have been successful
in demonstrating benefits that exceed costs and have been awarded DOT
funds. Costs are often lower for projects in rural areas as compared to
urban areas for a variety of reasons (for instance, right of way
acquisition is often less expensive), enabling favorable benefit-cost
analyses.
Question 23. The Infrastructure Investment and Jobs Acts (IIJA)
authorized $200 million per year, or $1 billion over the life of the
IIJA, for a new Active Transportation Infrastructure Investment Program
(or ATIIP) to link biking and walking infrastructure with accessible,
safe, and active transportation networks. The program was not included
in the President's FY23 Budget Request. Will you expound on USDOT's
priorities for this program? Will it be included in future budget
requests?
Answer. The Administration will consider all funding authorized as
subject to appropriation in BIL, including the Active Transportation
Infrastructure Investment Program (ATIIP), during the development of
the FY 2024 President's Budget. Safety is the Department's top priority
and we are committed to improving the safety and accessibility for all
users of the transportation system, including bicyclists and
pedestrians, by advancing the widespread implementation of a Complete
Streets model that supports the creation of networks for active
transportation (walking and bicycling). Building Complete Streets
encompasses planning, designing, constructing, maintaining, and
operating roadways and public rights-of-way with all users in mind to
make the transportation network safer.
Complete Streets standards or policies, which serve the similar
overall goals as the ATIIP, serve to ``ensure the safe and adequate
accommodation of all users of the transportation system, including
pedestrians, bicyclists, public transportation users, children, older
individuals, individuals with disabilities, motorists, and freight
vehicles.'' See section 11206 of BIL. Through the Complete Streets
initiative, FHWA plays a leadership role in the process of providing an
equitable and safe transportation network for travelers of all ages and
abilities, including those from underserved communities who have faced
historic disinvestment, regardless of the chosen mode of
transportation.
FHWA has been working to implement a number of other provisions of
BIL that support safety and accessibility for people on foot and
bicycle. These include an increase in the funding for the Highway
Safety Improvement Program (HSIP), and a new special rule to ensure
that HSIP funds are dedicated to vulnerable road user safety in the
States in which the total annual fatalities of vulnerable road users in
a State represents not less than 15 percent of the total annual crash
fatalities in the State. All States are required to develop a
Vulnerable Road User Safety Assessment as part of their Highway Safety
Improvement Program in accordance with 23 U.S.C. 148(l). In October
2022, FHWA issued guidance on the Vulnerable Road User Safety
Assessment. In addition, the Department is currently reviewing
applications under the FY 2022 NOFO for the Safe Streets and Roads for
All Grant Program, which closed in September 2022.
FHWA also has resources available related to active transportation,
including, for example, information related to the Nonmotorized
Transportation Pilot Program (NTPP) and the FHWA Guidebook on Measuring
Multimodal Network Connectivity. See resources available at https://
www.fhwa.dot.gov/environment/bicycle_pedes
trian/resources/.
______
Response to Written Questions Submitted by Hon. Deb Fischer to
Hon. Pete Buttigieg
Question 1. FRA has been slow to incorporate technologies that
would reduce emissions as well as improve safety. Final decisions are
often seemingly not based on data showing that such actions would help
the Department reach those goals. Can you commit to taking regulatory
action to incorporate safety and emissions reduction technologies based
on data going forward?
Answer. FRA does not regulate emissions of air pollution from rail
operations but does play an important role in providing research and
development assistance in renewable and alternative fuels. FRA's main
focus in this area is ensuring that new fuels and power technologies,
such as hydrogen fuel cells, batteries, and biofuels, do not pose a
safety concern while powering locomotives across the U.S. rail network.
In addition, FRA's grant programs can be used to improve the emissions
and efficiency of locomotives. For example, the CRISI grant program
permits funding for rehabilitating, remanufacturing, procuring, or
overhauling locomotives if those activities result in a significant
reduction in emissions. FRA hopes project sponsors will take this
opportunity to apply for funding for the renovation or replacement of
the dirtiest locomotives.
Follow-up: Will you commit to providing Congress with regular
updates on the data being assessed by the Department so that Congress
can independently assess their merits of these technologies?
Answer. We stand ready and available to answer questions Congress
may have about our activities, and I commit to providing updates as
needed on our regulatory activities surrounding new technologies.
Question 2. President Biden issued Executive Order 14052, which
established a taskforce for the implementation of the bipartisan
infrastructure law. This taskforce was created for BIL implementation,
but it was not part of legislative statute. Can you provide more
details about the Department of Transportation's work and coordination
with this taskforce? What has been accomplished since it was created
and how often does it meet? How will the working group's decision
making affect DOT's decision-making to implement the law?
Answer. The Administration has a strong commitment to robust
oversight and effective stewardship of taxpayer dollars. We are taking
that approach of robust oversight, stewardship, and transparency as we
implement the Bipartisan Infrastructure Law (BIL), a once-in-a-
generation investment in our Nation's infrastructure and
competitiveness. Upon signing the BIL, President Biden signed an
Executive Order (EO), establishing that one of the primary goals of
implementation was to invest public dollars efficiently, avoid waste,
and focus on measurable outcomes for the American people.
The EO created the Infrastructure Implementation Task Force, which
has been working towards achieving this goal through cross-agency
coordination and ensuring public trust and accountability, including
holding 11 Cabinet-level meetings. In support of the EO, on April 29,
2022, the White House released M-22-12--initial guidance to Federal
agencies to set a strong foundation for effective, efficient, and
equitable implementation of BIL. The guidance directs agencies to:
Ensure effective stewardship of BIL funding, building on
effective practices from the Administration's implementation of
the American Rescue Plan, as well as existing financial
management and reporting requirements.
Designate a senior accountable official for implementation
and an infrastructure implementation coordinator, to ensure
that projects are delivered on time, on task, and on budget.
Continue cooperation with Inspectors General through
implementation of programs funded through BIL.
Reduce barriers, including administrative burden, and
enhance access for underserved and capacity-constrained
communities.
Question 3. The Department of Transportation is responsible for
billions in competitive grants available for state and local entities.
The competitive grant process has long lacked transparency, leaving
applicants in the dark as they navigate the complicated grant process.
Besides the common application recently implemented, what is DOT doing
to increase transparency in the competitive grant process?
Answer. The Department remains committed to program transparency
and will continue to offer in-depth debriefs to unsuccessful applicants
interested in understanding how to improve future applications. Last
year, the Department provided more than 500 such debriefs to RAISE and
INFRA applicants alone.
Follow-up: Will DOT make public the selection process data and
documentation, so that first-time applicants--especially those from
small rural and tribal entities--can improve their applications for the
next round of funding? What concrete steps is DOT taking to ensure that
applicants have the resources they need as they undertake the
application process?
Answer. First-time applicants interested in understanding how their
application was evaluated are invited to receive a debrief following
the completion of each round of awards. During these debriefs, the
program staff provide tailored feedback identifying specific strengths
and weaknesses of each application, as well as technical assistance on
how it could be improved.
The Department is also in the process of developing and
implementing broader technical assistance efforts targeted at small,
rural, tribal, or otherwise under resourced applicants. BIL is a
generational opportunity to invest in communities of all shapes and
sizes, and we're focused on making sure all communities are positioned
for success.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Hon. Pete Buttigieg
Question 1. Mr. Secretary, the FAA contract tower program enjoys
strong bipartisan support in Congress as a cost-effective way for the
FAA to provide critical air traffic control, safety services at 260
airports around the country. I understand the FAA is considering using
set-asides in the solicitation for the next five-year period for the
program, instead of a full and open competition. Can you explain the
reasoning for this consideration?
Answer. The FAA is still in the process of conducting market
analysis, which will determine the acquisition strategy for the
contract tower program. Like other Federal agencies, the FAA sets aside
acquisitions when there are two or more small businesses that can
successfully compete to meet its requirements. Given the history of the
prior efforts there is a great likelihood that this competition may be
unrestricted (i.e., full and open).
Question 2. Mr. Secretary, since its inception in 1978, the
Essential Air Service (EAS) program has been a critical resource for
the Nation in linking rural communities with major markets and economic
opportunities. As the pilot shortage continues to threaten commercial
operations, particularly regional service, can you commit to continued
support of the EAS program, and working at the Federal level to address
barriers pilots face when entering the workforce?
Answer. Yes, I commit to continued support of the EAS program. In
light of the ongoing changes in the aviation industry, and their impact
on small communities including those eligible for EAS, the Department
is taking an intensive look at the EAS program. As the Department
further develops its approach to these challenges, we look forward to
working closely with Congress on legislative proposals.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
Hon. Pete Buttigieg
Question 1. As you're aware, prices are going up everywhere,
throughout the economy. This includes materials and labor on
construction projects, many of which have already entered into contract
where bids were agreed upon with much lower materials costs estimates.
Is there anything you can do, administratively, with either IIJA funds
or flexibility of unused COVID funds, to help relieve these real-world
project price increases?
Answer. Reducing costs for Americans and combatting inflation is
the top priority for the Biden-Harris administration. The President is
leveraging every tool at his disposal in this effort.
The Department understands that cost increases are disruptive to
the overall planning, design, and construction of infrastructure
projects. That is why DOT has historically required project sponsors to
include contingency funding in their financial plans when applying for
discretionary grant funding to account for unforeseen cost increases
due to a variety of factors, including inflationary costs increases.
This practice has proven effective to ensuring that project sponsors
are able to withstand price increases and complete needed projects.
The Department has a strong record of working collaboratively with
communities to find mutually agreeable solutions and amend grant
agreements where needed to address unforeseen cost increases or other
disruptions to projects awarded transportation infrastructure grants.
Question 2. Commercial driver license (CDL) skills testing is
heavily regulated by the Federal Motor Carrier Safety Administration
(FMCSA) and the American Association of Motor Vehicle Administrators
(AAMVA). Due to newly enacted Federal regulations and an updated
interpretation of existing regulations, the Alaska Division of Motor
Vehicles (DMV) and their third-party partners are unable to conduct
commercial testing or training in areas outside of the railbelt and
Juneau. The two related issues are summarized as follows:
DMV may be required by FMCSA to discontinue CDL testing at 14 rural
Alaska testing sites because the communities do not have the road
infrastructure required for certain skill testing maneuvers. Within
FMCSA and AAMVA's requirements, there are several maneuvers that cannot
be legally conducted in any rural community. Specifically, there is a
requirement for certain testing maneuvers to be conducted on a two-mile
road with at least two lanes heading in one direction and a speed limit
of at least 45 miles per hour. After receiving clarification on these
requirements in 2021, DMV conducted a statewide audit to ensure
compliance and concluded that it has been conducting commercial testing
in many communities that do not have the minimum requirements for a
complete and legal commercial road test. There are 14 communities
affected by this, which are Utqiavik, Bethel, Craig, Delta Junction,
Haines, Ketchikan, King Salmon, Kodiak, Kotzebue, Nome, Petersburg,
Sitka, Unalaska, and Wrangell. Alaska DMV requested permission from
FMCSA to continue providing skills testing in rural communities in
November of 2021.
Will FMCSA recognize the unique operating conditions in Alaska, and
grant Alaska DMV permission from FMCSA to continue providing skills
testing in rural communities?
Answer. FMCSA is working closely with Alaska to address its unique
circumstances, and has met with Alaska twice since June 7, 2021 to
discuss the state's specific concerns and potential solutions to ensure
the integrity of the Alaska CDL. FMCSA is fully committed to ensuring
that the citizens of Alaska do not face significant barriers in
obtaining commercial driver's licenses, and we stand ready to work with
the Alaska Division of Motor Vehicles (DMV) to develop strategies to
ensure that the State can issue CDLs in its small, remote communities.
Question 3. New FMCSA regulations that took effect on February 7,
2022, require new CDL applicants to attend training by a federally
approved training provider prior to being eligible for a CDL. Part of
the training is focused on behind-the-wheel skills and one of those
skills, the entry and exit on a controlled access highway, cannot be
practiced in rural Alaska. This means that training must be conducted
on the railbelt or in Juneau, which could be cost prohibitive for those
attempting to gain commercial driving skills for the workforce or the
employers that would need to sponsor the travel for the required
training. Will FMCSA recognize the unique operating conditions in
Alaska, and grant Alaska a variance from the mandated training that
allows training to continue to be conducted in rural Alaska?
Answer. FMCSA is working closely with Alaska to address its unique
circumstances and has met with Alaska twice since June 7, 2021 to
discuss the state's specific concerns and potential solutions to ensure
the integrity of the Alaska CDL. FMCSA is fully committed to ensuring
that the citizens of Alaska do not face significant barriers in
obtaining commercial driver's licenses, and we stand ready to work with
the Alaska Division of Motor Vehicles (DMV) to develop strategies to
ensure that the State can issue CDLs in its small, remote communities.
______
Response to Written Questions Submitted by Hon. Todd Young to
Hon. Pete Buttigieg
Question 1. Can you provide an update on the implementation of the
Safe Driver Apprenticeship Pilot Program, and will you commit to
continuing to work with me throughout implementation?
Answer. FMCSA has been very proactive in implementing the Safe
Driver Apprenticeship Pilot (SDAP) Program to meet the ambitious 60-day
statutory deadline, while ensuring FMCSA complies with all laws
applicable to the program, including the Privacy and Paperwork
Reduction Acts. To date, FMCSA has, among other things: (1) obtained
emergency approval for an Information Collection Request (ICR) under
the Paperwork Reduction Act; (2) published the Federal Register notice
announcing the SDAP Program and established the program requirements
for motor carriers and apprentices; (3) launched the SDAP Program
website; (4) approved a Privacy Impact Assessment as required by the E-
Government Act of 2002; (5) published in the Federal Register the 60-
day ICR notice for full approval; and (6) awarded a contract to support
the Agency's data collection and analysis requirements for the SDAP
Program.
FMCSA announced that it was accepting applications to the SDAP
Program on July 26, 2022, and, as of November 2022, has 18 approved
carriers and 23 pending review and approval. FMCSA continues to
actively accept and review applications to the program, and anticipates
reviewing additional applications within 30 days of receipt.
Question 2. Can you provide an update on the review of laws, safety
measures, and technologies relating to school buses as required by
Section 24110 of the Infrastructure Investment and Jobs Act (PL 117-
58)?
Answer. NHTSA is working to complete a review of laws, safety
measures, and technologies related to school buses as required by
Section 24110. The agency released a public safety messaging campaign
to educate the public on dangers of illegal passing during the loading
and unloading of school buses. The campaign materials, available at
https://www.trafficsafetymarketing.gov/get-materials/school-bus-safety,
were promoted during National School Bus Safety Week (October 17-21,
2022).
Question 3. Recently, NHTSA finalized a new rule implementing
significantly increased civil penalties for noncompliance with CAFE
standards starting with model year 2019 vehicles. However, applying
increased penalties retroactively against manufacturers for vehicles
already produced and, on the road, will not produce any additional
environmental benefits. Can you please share with the Committee whether
such penalties for past non-compliance have been deposited into the
General Fund, or have they counted towards automaker investment in
vehicle electrification or other improvements to vehicle efficiency?
Answer. By law, civil penalties for noncompliance with CAFE
standards are paid to the general fund of the Treasury. NHTSA does not
have authority to reduce penalty payments based on automaker investment
in vehicle electrification or other such improvements. There is a
statutory provision that would allow a portion of civil penalty
payments to be used for ``grants to manufacturers for retooling,
reequipping, or expanding existing manufacturing facilities in the
United States to produce advanced technology vehicles and components.''
49 U.S.C. Sec. 32912(e). However, that provision is subject to the
availability of appropriations, and no such appropriations have been
made. The Department would support redirecting the CAFE civil penalties
to invest in advanced technologies for vehicle electrification or
efficiency.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Hon. Pete Buttigieg
Question 1. Mr. Secretary, during your hearing, I asked you how
NHTSA's new CAFE Standards for passenger cars and light trucks would
increase the average cost of a vehicle. You said that you would provide
those statistics to my office. Could you please provide these
statistics?
Answer. The net benefits of the new standards exceed their costs.
NHTSA estimated that, for model year 2029, the average cost to
consumers attributable to the new CAFE standards would be approximately
$1,276 while the average benefits to consumers attributable to the new
CAFE standards would be approximately $1,539 at a 3 percent discount
rate. These numbers came from Table A-23-1 in Appendix I to NHTSA's
Final Regulatory Impact Analysis, available at https://www.nhtsa
.gov/sites/nhtsa.gov/files/2022-04/FRIA-Appendix-I_CAFE-MY-2024-
2026.pdf.
Follow up. Can you also provide the applicable data, including
methodology and assumptions used to calculate such findings?
Answer. All of the data, methodology, and assumptions used to
calculate the cost estimates provided above are available in NHTSA's
rulemaking record, including the final rule, the Final Technical
Support Document (TSD), the Final Regulatory Impact Analysis (FRIA) and
its appendices, the CAFE Compliance and Effects Model input files,
output files, and accompanying documentation. These sources can be
found at https://www.nhtsa.gov/laws-regulations/corporate-average-fuel-
economy. Additional supplemental information is available in the docket
for this rulemaking at https://www.regulations.gov/docket/NHTSA-2021-
0053.
Question 2. As part of the President's Budget Request for FY23, the
Administration has requested an additional $12 million for NHTSA, along
with an additional 22 full-time equivalent (FTE) employees, to support
both the recently finalized CAFE standards for model years 2024-2026 as
well as promulgating new standards for 2027 and beyond.
a. How specifically will NHTSA use these additional funds to
support the model year 2024-2026 CAFE standards and the next round of
CAFE standards?
Answer. The Model Year 2024-2026 CAFE standards rulemakings are now
completed, but support for these standards, including compliance and
flexibilities evaluations, will be ongoing. NHTSA intends to use these
funds to support both the Model Year 2027 and beyond CAFE standards and
the Model Year 2030 and beyond Medium and Heavy-Duty fuel efficiency
standards. NHTSA will be undertaking these two rulemakings concurrently
under Executive Order 14037, which to date has not been feasible given
current funding levels.
b. What role will these additional FTEs play at the agency on both
sets of standards?
Answer. The additional FTEs will bolster the capacity and
sustainability of NHTSA's Fuel Economy Division, which historically has
produced and maintained sequential, economically-significant, and
environmentally-impactful regulatory products that will, in FY23 and
beyond, require levels of concurrent rather than sequential effort
beyond current staffing levels.
c. How does your work on fuel economy differ from EPA's work on
greenhouse gas emissions, and how are you ensuring no duplication of
work?
Answer. The two agencies coordinate extensively to harmonize where
possible, consistent with each agency's respective statutory
authorities so manufacturers can produce a fleet of vehicles that
comply with both programs. For light-duty vehicles, NHTSA operates
under statutory directives under the Energy Policy and Conservation Act
of 1975, as amended by Energy Independence and Security Act of 2007;
and EPA operates its greenhouse gas program under authority from the
Clean Air Act. For medium-and heavy-duty vehicle fuel efficiency, the
statutory obligations are very similar for both agencies, and we have
historically closely coordinated to issue joint rules that are not
redundant.
Question 3. When asked about foreign production of key electric
vehicle (EV) materials such as cobalt and lithium, you said that
America has untapped lithium reserves that are ``certainly a preferred
alternative to some of the international foreign sources.''
a. What has the DOT done to encourage the access of these untapped
lithium reserves?
Answer. The Administration is diligently working to develop a
domestic lithium battery supply chain that creates jobs in the U.S. In
June 2021, the Federal Consortium on Advanced Batteries (FCAB), chaired
by the Department of Energy, issued the National Blueprint for Lithium
Batteries. Securing access to raw and refined materials, including
through domestic sources, is one of the primary goals identified in the
blueprint. The Department is supporting those efforts led by the
Department of Energy. DOE and DOT are also providing interagency
support to assist the Treasury Department in implementing the Inflation
Reduction Act tax credits for electric vehicles, which include
requirements for the domestic content of batteries.
b. How has the DOT publicly encouraged the Administration to
jumpstart the needed domestic sourcing of such materials? Please be
specific.
Answer. The Department recognizes the importance of key material
availability to ensure widespread availability and adoption of EVs in
the U.S. Though this is a critical component of the EV supply chain,
DOT is not directly involved in the sourcing or permitting of critical
materials extraction.
Question 4. Around 2 months ago when mentioning the
Administration's announcement of $5 billion to be used to build out
nationwide electric vehicle charging infrastructure, you noted that
Americans from ``rural to suburban to urban communities can all benefit
from the gas savings of driving an EV''. The average cost of a gallon
gasoline in Utah is $4.48 and nationally is $4.19. Is your policy
solution to these rising gas prices to encourage Americans to buy an
electric vehicle?
Answer. Lowering costs for American families is a top priority for
this administration. Thanks in part to decisive action from the
President, including using the Strategic Petroleum Reserve to help
stabilize markets and shore up supply, the cost of gasoline fell at the
fastest rate ever over the summer; a reduction of nearly $2 a gallon
from peak costs. The administration has also taken action to reduce
costs in the long-term, including giving more people the option to
enjoy cost savings that come with electric vehicle ownership through
programs like NEVI. Independent analysis shows EVs save Americans
between $6,000 and $10,000 over the lifetime of a vehicle. This is
especially true for people who drive longer distances with
disproportionate benefit to people who live in rural areas.
I want the United States to lead in both the technology and
manufacturing of electric vehicles because it increases our global
competitiveness and creates good-paying American manufacturing jobs.
We've already seen significant investment from both domestic and
foreign companies in U.S. manufacturing facilities as a result of this
administration's leadership. What's more, vehicle electrification is a
key component to meeting the Administration's commitment to carbon
neutrality by 2050 and has the potential to dramatically reduce
reliance on foreign-controlled non-renewable fuel sources. The
Administration is working diligently to rollout new EV charging
infrastructure nationwide, so that EV vehicle use is more accessible to
all Americans.
Question 5. Mr. Secretary, thankfully the Administration has not
attempted to extend its unconstitutional COVID-19 vaccine mandates to
interstate travel. However, I have yet to hear that the Administration
has yet to rule out such requirements for interstate travel. Do you
agree that COVID-19 vaccine mandates should never be required as a
condition of domestic travel?
Answer. We can all agree that the impacts of COVID-19 have been
harmful not only to human life but also our economy and supply chains.
There are no requirements for COVID-19 vaccine for interstate travel as
part of our country's COVID response and I do not believe such mandates
are feasible or necessary.
Question 6. When COVID-19 began, e-commerce sales hit an
unprecedented rate, frustrating our already troubled supply chain
infrastructure and workforce. Some of these challenges include truck
driver shortages, outdated scheduling technology, port concentration,
lack of storage capacity for containers, port labor difficulties, and
scarce freight equipment such as truck chassis. Absent any changes, how
long do you predict the current supply chain crisis will continue?
Answer. The COVID-19 pandemic stressed our supply chains, as we saw
historic levels of goods coming into the U.S., aging infrastructure,
and geopolitical disruptions that continue to cause challenges in
domestic and global markets. Last year also had an all-time record high
in throughput and retail sales. Despite challenges, there are signs of
progress in our goods movement chain, including reduced congestion at
U.S. ports, a resurgent workforce, and heightened coordination across
supply chain sectors due to leadership of the White House-led Supply
Chain Disruptions Task Force (SCDTF). Thanks to the historic
infrastructure resources and the leadership of this Administration we
are investing in strengthening our supply chains to avoid this level of
disruption in the future. While I cannot predict when supply chains
will return to pre-pandemic levels, I can assure you that DOT, working
with the SCDTF and every part of the supply chain, will continue to
work toward the safe and efficient movement of goods through the U.S.
and beyond.
Question 7. One part of the challenge has been finding storage for
containers to meet the overflow of demand. In your testimony, you
mentioned the use of pop-up inland ports in Seattle, Savannah, and
Oakland. Would you support the strategic use of certain areas of
Federal land or property to allow for more storage of containers? What
about existing inland port infrastructure?
Answer. As stronger consumer demand continues to push unprecedented
container volumes through U.S. coastal ports, the Department is
committed to reducing port congestion and backlog. Whether on private
or Federal land, pop-up inland ports have recently, as of May 2022,
contributed to ports maintaining an all-time flow of cargo across their
terminals, and continue to serve industries most affected by supply
chain disruption brought on by the pandemic, such as agricultural
exports. The Department continues to explore resources available to
assist ports in finding space for their inbound cargo.
As required by the Ocean Shipping Reform Act (OSRA), the
Department, in consultation with the Maritime Administration (MARAD)
and the Federal Maritime Commission (FMC), convened a meeting on
September 26, 2022, to discuss the feasibility of, and strategies for,
identifying Federal and non-Federal land, including inland ports, for
the purposes of storage and transfer of cargo containers due to port
congestion. That same day the Department published a request for
comment and information from representatives across the supply chain on
the feasibility of identifying land or property for storage and
transfer of cargo containers. The Department is currently reviewing the
comments that were submitted and, in consultation with MARAD and the
FMC, will submit a report to Congress regarding its review and any
related recommendations as required by OSRA.
Follow-up. Do you support the use of the deployment of advanced
technology at our ports, including automated technologies?
Answer. As we saw during the pandemic, our maritime workforce,
including port workers, is an essential part of the supply chain. We
support technologies that facilitate efficiency, health, and safety in
the supply chain and promote growth in good paying jobs at ports.
Question 8. Mr. Secretary, in your testimony you noted the push to
recruit more truck drivers to help stem the rising costs of shipping.
On February 7, 2022, the FMCSA issued new entry level driving training
regulations. While I do appreciate the need to focus on safety, I have
been informed by many in my state additional costs to take the required
classes could range from $2500 to $8500. Will additional costs like
this not actually make it more difficult to fill the driver needs that
we already have?
Answer. The Entry-level Driver Training rules were mandated by
Congress to improve driver safety. FMCSA will continue to engage with
States and stakeholders on implementation and is working closely with
States to reduce any backlogs on CDL testing or issuance. Part of this
backlog is due to a comparatively higher failure rate for first-time
CDL skills test takers. We believe the new Entry-Level Driver Training
regulations will increase the first-time pass rate, getting licenses in
safe drivers' hands more quickly and ultimately helping to save time
and resources.
Question 9. Relieving our commercial supply chain delays,
protecting resilient supply chains for critical materials, boosting
U.S. energy exports to support our allies, decreasing the costs of
exports of U.S. manufactured and agriculture products and goods, and
protecting our coastal communities from systematic flooding and
powerful storms are interests that I think we both share. I believe
that we will be aided in these goals by boosting American dredging
capacity. We have recently seen consequences that could ensue if we do
not have dredging capacity. In fact, the recent example of the
container ship ``Ever Forward'' that was recently stuck in the mud in
the Chesapeake Bay for 37 days highlights how our lack of dredging
capacity is a major concern and can cause serious setbacks. Do you
agree dredging at our ports is important, and should be a key focus of
our supply chain strategy if we want to increase U.S. competition
globally and protect U.S. interests? Are you willing to work with me on
this issue?
Answer. I agree that ensuring the country's freight infrastructure
and supply chains are strong and resilient is critical, which is why
it's so important that the Bipartisan Infrastructure Law (BIL) provided
a historic $17 billion toward port and waterway infrastructure. DOT is
working hard to implement our more than $2 billion portion of that
funding through the Port Infrastructure Development Program (PIDP) and
America's Marine Highway programs and will support as necessary the
other Federal agencies engaged in implementing their waterway portions
of BIL, including USACE--which has the legislative mandate for
maintaining Federal navigation channels.
Question 10. On April 25, 2022, the White House released a Domestic
Counter-Unmanned Aircraft Systems National Action Plan to address UAS
threats within the United States. Airports are one area of concern in
that state and local governments as well as the DHS lack the authority
to mitigate threats around airports. Would you support empowering state
and local authorities with counter drone authority so that they could
partner with the FAA and DHS to mitigate drone threats at airports?
Answer. The FAA has collaborated with the National Security Council
and an interagency multidisciplinary team on an Administration
Legislative Proposal for expanded UAS detection and counter-UAS
authorities that has been transmitted to Congress. The Administration's
proposal incorporates robust safeguards and measures for Federal
oversight to ensure these authorities are responsibly extended to
state, local, tribal and territorial (SLTT) governments without
increasing undue risk to the national airspace system (NAS). These
safeguards include provisions for necessary planning, training, and
coordination criteria for any extension of authority that will ensure
the safety of the airspace is not jeopardized by the improper use of
any extended UAS detection or counter-UAS authority. A critical first
step in that proposal is an expansion of ``UAS detection only''
authorities. This expansion would permit select personnel from DOD,
DOE, DOJ, DHS, State, DOI, NASA, critical infrastructure owners and
operators, and SLTT law enforcement agencies with assigned duties that
include the safety, security, or protection of people, facilities, or
assets to conduct UAS detection, tracking, identification, and
monitoring activities--not mitigation--when using authorized equipment
from a list developed by DHS and DOJ in coordination with the FAA, the
Federal Communications Commission, and the National Telecommunications
and Information Administration to ensure the systems do not adversely
impact the national airspace or communication spectrums. In addition,
the Administration's proposal includes a time-limited pilot program for
up to 12 SLTT law enforcement agencies per year to engage in authorized
UAS detection and mitigation activities following Federal safeguards,
notwithstanding the Federal laws that may otherwise bar such
activities. It takes an interim, temporary step that will let Congress,
the Executive Branch, and the SLTT agencies evaluate the costs and
benefits associated with a possible future expansion of the authority.
Question 11. States oftentimes use Federal money for simple
infrastructure projects for compliance reasons, and solely use state
funds on difficult, complex infrastructure projects because the
regulatory burdens associated with Federal requirements oftentimes
raise the cost of the project by roughly 20 percent. This is especially
challenging in my home state of Utah when the Federal government owns
most of Utah's land. Since you have taken office, what specific steps
have you taken to reduce the Federal regulatory compliance burden on
infrastructure projects?
Answer. We are committed to working with the States to help deliver
transportation projects on time, on task, and on budget, and that means
ensuring that our permitting processes are efficient. In October 2022,
the White House hosted the Accelerating Infrastructure Summit. At the
Summit, the Administration and outside organizations announced new
efforts and an Action Plan to accelerate the rebuilding of our Nation's
infrastructure and maximize this once-in-a-generation opportunity to
build a better America.
As part of the efforts, the Department will launch a Project
Delivery Center of Excellence at the Volpe Center to support and
educate transportation infrastructure project managers in States,
Tribes, local, regional and territorial governments on project design,
planning, and construction. It will serve as a central resource for the
most innovative and effective practices and bring project managers
together to learn from one another.
The Department's FHWA will expand its Every Day Counts program to
include all types of surface transportation--including highways, rail,
and transit. The program is a partnership between FHWA and state
departments of transportation that identifies and rapidly deploys
proven, yet underutilized, innovations in transportation construction.
In addition, in January 2022, the Department completed
implementation of 23 U.S.C. 139(q), pursuant to section 11301 of BIL,
which requires the Department to consult with specified Federal
agencies to identify National Environmental Policy Act (NEPA)
Categorical Exclusions (CEs) available to the FHWA that could
accelerate the delivery of projects if available to those agencies, and
to provide those agencies with the relevant information to substantiate
use of those CEs.
Additionally, in May 2022, FHWA renewed three memorandums of
understanding (MOUs) with States that have been assigned the
Department's NEPA responsibilities for highway projects pursuant to 23
U.S.C. 327. These three MOU renewals included the State of Utah's
Department of Transportation, which has been assigned the Department's
NEPA responsibilities since 2017.
In September 2022, FHWA, FTA, and FRA published Environmental
Review Provisions in BIL/IIJA Questions and Answers (FAQs). The FAQs
provide Agency staff and project sponsors with direction regarding the
changes to these processes. The FAQs are posted on the Environmental
Review Toolkit website.
Question 12. The Biden Administration recently finalized a NEPA
rule that rescinded the Trump Administration's modernized NEPA rules.
These rules meant to help fuel our infrastructure deployment in an
environmentally responsible manner. How will the finalized CEQ rules
generally affect the costs associated with infrastructure projects as
well as the timeline for the project's delivery?
Answer. The Council on Environmental Quality's recent NEPA rule
made a narrow set of changes to the rule finalized in 2020, generally
affirming regulatory provisions from the 1978 regulations. These
changes should not affect the costs associated with DOT-funded
Infrastructure Projects or adversely affect their timeline.
Additionally, the Department continues to pursue multiple strategies to
make the environmental review and permitting process more efficient
while ensuring protection for communities and the environment. DOT will
assist grant recipients in navigating the environmental review and
permitting process.
Question 13. One change in the Administration's NEPA rules was to
revert to 1978 regulations that require the assessment of ``indirect
effects'' (although the term is not used in the NEPA statute). How will
the assessment of ``indirect effects'' generally affect the overall
cost an infrastructure project as well as the timeline for the
project's delivery?
Answer. The Council on Environmental Quality's recent NEPA rule
made a narrow set of changes to the rule finalized in 2020, generally
affirming regulatory provisions from the 1978 regulations. The
restoration of the term ``indirect effects'' does not meaningfully
alter the analysis required in the NEPA process and therefore will not
affect the costs associated with DOT environmental reviews or affect
timelines for project delivery.
Follow-up. Another change in the Administration's NEPA rules was to
remove language that requires an agency to consider reasonable
alternatives within an agency's statutory authority. In your view,
should agencies be able to propose NEPA alternatives outside of their
statutory authority?
Answer. The Council on Environmental Quality's recent NEPA rule
made a narrow set of changes to the rule finalized in 2020, generally
affirming regulatory provisions from the 1978 regulations. When
circumstances warrant, the decision maker should be aware of
alternatives that may be outside the agency's statutory authority;
however, these circumstances do not occur often with DOT-funded
projects and are determined on a case-by-case basis.
______
Response to Written Questions Submitted by Hon. Ron Johnson to
Hon. Pete Buttigieg
Question 1. The bipartisan infrastructure bill reauthorized the
Motorcycle Advisory Council for six years. The council will help ensure
that the Department of Transportation includes and considers the
interests and concerns of the motorcycle community. This is especially
important when it comes to any rules and regulations for autonomous
vehicles and ensuring these vehicles consistently detect and avoid
collision with motorcycles. The bill required DOT to establish the
council no later than 90 days after enactment, which was February 13,
2022. What is the status of establishing the council and when can we
expect you to establish it?
Answer. The Department is working across its modal administrations
to establish the Motorcycle Advisory Council (MAC). While this
coordination is underway, DOT is continuing to move forward with
implementing the 2020 MAC recommendations under the Federal Highway
Administration's leadership and is considering how to incorporate the
expanded MAC roles into this effort as outlined in the Bipartisan
Infrastructure Law (BIL).
Question 2. Recently, I met with many truck drivers, including
independent owner-operators and company drivers, in DC and in
Wisconsin. Each of them stressed their concern with the limited parking
available for their trucks. Drivers described having to choose among
parking illegally to abide by hours of service (HOS) requirements,
violating their HOS in order to find legal parking, or taking breaks
earlier than required or than they would like in order to avoid parking
and/or HOS violations. The latter delays and lengthens trips, which
exacerbates the ongoing supply chain issues. What are you doing
currently to address this issue?
Answer. DOT shares your view that we must address truck parking
shortages, which are a national concern affecting the efficiency of
U.S. supply chains and the safety of truck drivers and other roadway
users. The trucking industry is vital to the U.S. economy, with trucks
moving over 73 percent of the Nation's goods by value, and over 67
percent by weight. Section 1401 of MAP-21 (Jason's Law) required DOT to
conduct a periodic survey related to truck parking. Following
completion of the first Jason's Law survey, DOT proactively established
the National Coalition on Truck Parking (Coalition) in 2015. Led by the
Federal Highway Administration (FHWA), the Coalition has included
participation from the Federal Motor Carrier Safety Administration,
Maritime Administration, and stakeholders such as the American
Association of State Highway and Transportation Officials, American
Trucking Associations, Owner-Operator Independent Drivers Association,
National Association of Truck Stop Operators, and the Commercial
Vehicle Safety Alliance.
Jason's Law also established eligibility for a range of projects to
provide commercial motor vehicle parking that serves the National
Highway System (NHS) and improves the safety for commercial motor
vehicle operators. Truck parking related projects are eligible under
several Federal-aid formula programs. The Department evaluated
eligibility for truck parking projects under other programs established
or amended in BIL and included language on truck parking eligibility in
the guidance and in NOFOs when applicable. In addition, FHWA and FMCSA
issued a joint guidance memorandum to the field outlining their formula
and discretionary programs that have truck parking eligibility. This is
posted on the FHWA website for the public, along with the results of
the 2015 and 2019 Jason's Law surveys, and products from the National
Coalition on Truck Parking working groups.
DOT has also awarded discretionary grant funding to support truck
parking. For example, in Fiscal Year 2022, DOT awarded $37,600,000 in
INFRA grants for truck parking and facilities, as well as $1,445,947
under the High Priority (HP) Grant Program to enhance commercial
vehicle operator awareness of truck parking availability.
On September 30, 2022, the Department convened state, industry, and
Federal leaders at a meeting of the National Coalition of Truck Parking
to share resources available in BIL to address the Nation's truck
parking shortage, which puts all road users at risk and is costing
truck drivers time and money. At the meeting, DOT shared a new handbook
for States and other stakeholders that details strategies for
developing truck parking and best practices on designing and
constructing new truck parking. Officials also discussed the new and
expanded funding resources that are eligible for truck parking projects
to make the United States' freight system safer and more efficient.
This meeting builds on the commitments of the Administration's Trucking
Action Plan, focused on creating a stable and safe trucking workforce
that offers good-paying jobs to millions of truck drivers.
Question 3. Inflation hit a 40-year high of 8.5 percent in April
2022. What measures do you think Congress and the Administration should
take to help lower inflation and the high costs for goods and services?
Answer. Reducing costs for Americans and combatting inflation is
the top priority for the Biden-Harris administration. The
Administration is leveraging every tool at our disposal in this effort
to help lower inflation and reduce costs for goods and services,
including releasing oil from our strategic reserves, making investments
in our infrastructure to strengthen our supply chains, and promoting
competition to make sure big corporations are offering consumers fair
prices. The Inflation Reduction Act also helps ease the overall cost
burden on American families by lowering the cost of insulin and
prescription drugs, finally allowing Medicare to negotiate drug prices
and preventing pharmaceutical companies from over-charging at the
expense of older Americans.
Additionally, the Department understands that cost increases are
disruptive to the overall planning, design, and construction of
infrastructure projects. That is why DOT has historically required
project sponsors to include contingency funding in their financial
plans when applying for discretionary grant funding to account for
unforeseen cost increases due to a variety of factors, including
inflationary costs increases. This practice has proven effective at
helping to ensure that project sponsors are able to withstand price
increases and complete needed projects. Finally, the Department has a
strong record of working collaboratively with communities to find
mutually agreeable solutions and amend grant agreements where needed to
address unforeseen cost increases or other disruptions to projects
awarded transportation infrastructure grants.
In October 2022, the White House hosted the Accelerating
Infrastructure Summit. At the Summit, the Administration and outside
organizations announced new efforts and an Action Plan to accelerate
the rebuilding of our Nation's infrastructure and maximize this once-
in-a-generation opportunity to build a better America.
As part of the efforts, the Department will launch a Project
Delivery Center of Excellence at the Volpe Center to support and
educate transportation infrastructure project managers in States,
Tribes, local, regional and territorial governments on project design,
planning, and construction. It will serve as a central resource for the
most innovative and effective practices and bring project managers
together to learn from one another.
Finally, the Department's FHWA will expand its Every Day Counts
program to include all types of surface transportation--including
highways, rail, and transit. The program is a partnership between FHWA
and state departments of transportation that identifies and rapidly
deploys proven, yet underutilized, innovations in transportation
construction.
Question 4. Canceling the Davis-Bacon prevailing wage rule for
Federal construction projects would lower costs. The Davis-Bacon wage
increases Federal construction costs by about 10 percent. Studies show
that in some regions, the Davis-Bacon wage grossly exceeds the market
wage and in others, it staggeringly undercuts the market wage. Another
study shows that reducing tariffs could lower inflation by 1.3 percent.
On May 12, the Administration canceled offshore lease sales in three
regions off the U.S. coastline. A few days later on May 16, the average
price per gallon of price reached over $4 in nearly every state.
Industry experts say offshore production necessitates up-front
investment and regulatory certainty. Encouraging and facilitating
domestic production could help lower gas prices. Do you support any of
these measures?
Answer. Americans who work hard building the infrastructure this
country depends on should be paid a decent wage. The Department
strongly supports the application of Davis-Bacon to Federal
construction projects and does not believe that those rules should be
relaxed. These projects create good jobs in local communities across
our country, and the requirements of the Davis-Bacon law are good for
workers, good for building high-quality infrastructure and for ensuring
we have a strong construction industry as we rebuild America.
Question 5. The Administration's FY 2023 budget request includes
$22 billion more than the FY 2022 enacted level. This request came
after the President signed the $1.2 trillion bipartisan infrastructure
bill into law, which included $550 billion in new funding. How should
Congress and the American people pay for this increase, if enacted?
Answer. I am eager to work with Congress on a bipartisan basis to
identify funding options to make the investments our communities so
urgently need while creating good-paying jobs. Investments in
infrastructure are a force multiplier and generally the return on
infrastructure investment is repaid to communities many times over. We
must ensure that infrastructure funding is predictable and dedicated.
Question 6. Which operating administrations is DOT requesting FY23
funding above the authorized amounts in the bipartisan infrastructure
bill, and why do you need more funding than what is authorized in the
law?
Answer. In the following accounts, the Department proposes a
slightly higher discretionary level in the FY 2023 President's Budget
than the authorized level in BIL in order to support key services and
activities:
NHTSA's Operations and Research (D) account ($204,300,219
authorized level vs. $272,650,000 request): To support the
simultaneous rulemaking of the Corporate Average Fuel Economy
(CAFE) Standards for Light Vehicles and Medium/Heavy Duty Phase
3 Fuel Efficiency Standards, upgrades to the New Car Assessment
Program (NCAP), and accelerated research into and adoption of
emerging vehicle technologies surrounding rulemaking,
enforcement, and research activities, including Automated
Driving Systems (ADS), Advanced Driver Assistance Systems
(ADAS), heavy vehicle safety technologies, vehicle
cybersecurity among others. Additionally, to support increased
staffing and associated costs to deliver the additional
rulemaking, enforcement, and research activities detailed
above.
FRA's Railroad Research & Development (D) account
($44,000,000 authorized level vs. $58,000,000 request): To
support new and ongoing work in five rail safety disciplines,
which include the track program, rolling stock program, train
control and communication, human factors program, and railroad
system issues program. The increased funding will support
important IIJA and Administration priorities, including $5
million for Climate and Resilience solutions, up to $5.8
million for the Rail R&D Center of Excellence, and $3 million
for Transportation Technology Center construction.
FRA's Safety & Operations (D) account ($254,000,000
authorized level vs. $254,426,000 request): To support
increased staffing among safety and project development
functions including railroad safety inspectors, and other key
initiatives such as the expansion of participating railroads in
the Confidential Close Call Reporting System.
PHMSA's Hazardous Materials Safety (D) account ($68,000,000
authorized level vs. $74,211,000 request): To support new and
ongoing activities providing oversight of the safe
transportation of hazardous materials, including 15.5 new FTE
in accident investigation, emerging energy, and outreach; the
restoration of Hazardous Materials Safety & Development to pre-
FY 2021 levels, to focus on innovative research and emerging
technologies; and increased safety inspections through the
State Hazardous Materials Inspections Program.
Question 7. How much funding does DOT have from the CARES Act and
Response and Relief Act that is left unallocated?
Answer. With the exception of $316,000 in expired MARAD CARES Act
funding and $979,000 in expired FAA CRRSA funding, all funding from
these two supplementals is allocated at this time.
Follow-up. Do you plan on returning any unallocated funds to the
Department of Treasury?
Answer. In general, there are three well-established mechanisms for
agencies to return funds to the General Fund of the U.S. Treasury:
1) Cancellation at the end of the fifth expired year, pursuant to 31
U.S.C. 1552
a. DOT does not have any CARES/CRRSA funds that qualify for this
action in the near term.
2) Withdrawal of unused funds once purpose is fulfilled and no
outlays have occurred for two consecutive years, pursuant to 31
U.S.C. 1555.
a. DOT does not have any CARES/CRRSA funds that qualify for this
action in the near term.
3) Rescission of balances pursuant to Public Law.
a. Treasury will not accept these funds without an enacted law
establishing the rescission.
b. At this time, DOT anticipates fully allocating the funds made
available under the CARES Act and the CRRSA Act.
The Department will continue to review funding needs and necessary
expenses in consideration of responsible financial stewardship and
ensure funds are returned to Treasury if warranted at the appropriate
future points in time.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Hon. Pete Buttigieg
Question 1. What tangible actions is the Department taking right
now to reduce inflation, which is caused by this administration's
supply chain crisis, as well as reckless government spending?
Answer. The experience of high inflation is not the result of this
administration's policies, as demonstrated by the fact that other
Western countries have experienced comparable or higher rates of
inflation in the wake of COVID. Fortunately, rates of inflation are
slowing in the U.S., and reducing costs for Americans and combatting
inflation is the top priority for the Biden-Harris administration. The
President is leveraging every tool at his disposal in this effort to
help lower inflation and reduce costs for goods and services, including
releasing oil from our strategic reserves and making investments in our
infrastructure to strengthen our supply chains. The Inflation Reduction
Act also helps ease the overall cost burden on American families by
lowering the cost of insulin and prescription drugs, finally allowing
Medicare to negotiate drug prices and preventing pharmaceutical
companies from over-charging at the expense of older Americans.
As a result of the COVID-19 pandemic, we have seen stressed supply
chains across the globe, due to many factors, including historic levels
of goods coming into the U.S., aging infrastructure as well as
geopolitical disruptions that continue to cause challenges in domestic
and global markets. Despite challenges, there are signs of progress in
our goods movement chain, including reduced congestion at U.S. ports, a
resurgent workforce since the start of the pandemic, and heightened
coordination across supply chain sectors due to leadership of the White
House-led Supply Chain Disruptions Task Force (SCDTF). Thanks to BIL
and the leadership of this Administration we are investing in
strengthening our supply chains to avoid this level of disruption in
the future.
Follow-up. When will we see reduced inflation?
Answer. We have seen reductions in inflation in recent months,
partly thanks to the clear strategy laid out by the President,
including actions both the Administration and Congress took. The
Administration worked hard to enact the Inflation Reduction Act, is
investing in our supply chains and working to invest in the capacity,
both physical and human, of our economy to keep up with demand, both of
which should help address inflationary pressures. At the same time, the
Administration recognizes the important role of the Federal Reserve in
setting monetary policy.
Question 2. Earlier this year I introduced the TRUCKERS Act (S.
3701), which would exempt commercial truck drivers from Canada or
Mexico who are seeking to temporarily enter the United States for
business through a land port of entry from any COVID-19 vaccination
requirement. With the improving situation with COVID-19, why has this
onerous vaccination policy for inbound truckers not been lifted when
relief to the current supply chain crisis is desperately needed?
Answer. DOT continues to work closely with interagency partners,
including DHS and CDC, to provide up-to-date information on the
potential impacts of COVID-19 requirements, to inform the best policy
moving forward.
Question 3. For international travel, the United States continues
to have a policy in place where a negative test is required within one
day of departure when flying into the United States, regardless of
vaccination status. Are you working with your colleagues at the CDC and
the White House to determine the appropriate metrics that would be
required to lift this requirement?
Answer. DOT continues to support its Federal partners in the COVID-
19 response and recovery. As of June 12, the Centers for Disease
Control and Prevention (CDC) no longer requires pre-departure COVID-19
testing for U.S.-bound air travelers.
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