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97–740 PDF 2015

S. HRG. 114–126 

NOMINATION OF MARIE THERESE DOMINGUEZ 

TO BE ADMINISTRATOR, PIPELINE AND 

HAZARDOUS MATERIALS SAFETY 

ADMINISTRATION (PHMSA), 

U.S. DEPARTMENT OF TRANSPORTATION 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

JULY 22, 2015 

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

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

DAN SULLIVAN, Alaska 

RON JOHNSON, Wisconsin 

DEAN HELLER, Nevada 

CORY GARDNER, Colorado 

STEVE DAINES, Montana 

BILL NELSON, Florida, Ranking 

MARIA CANTWELL, Washington 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

EDWARD MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

TOM UDALL, New Mexico 

JOE MANCHIN III, West Virginia 

GARY PETERS, Michigan 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

JASON VAN BEEK, Deputy General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRIS DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel and Policy Director 

(III) 

C O N T E N T S 

Page 

Hearing held on July 22, 2015 ............................................................................... 1 

Statement of Senator Thune ................................................................................... 1 

Statement of Senator Booker .................................................................................. 2 

Statement of Senator Ayotte ................................................................................... 19 

Statement of Senator Fischer ................................................................................. 21 

Statement of Senator Sullivan ............................................................................... 22 

Statement of Senator Peters ................................................................................... 25 

Statement of Senator Blunt .................................................................................... 27 

Statement of Senator Cantwell .............................................................................. 28 

Statement of Senator Daines .................................................................................. 30 

WITNESSES

Hon. Mark Warner, U.S. Senator from Virginia ................................................... 4 

Marie Therese Dominguez to be Administrator, Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Department of Transportation .. 5 

Prepared statement .......................................................................................... 7 

Biographical information ................................................................................. 8 

APPENDIX

Response to written questions submitted to Marie Therese Dominguez by: 

Hon. John Thune .............................................................................................. 35 

Hon. Roy Blunt ................................................................................................. 37 

Hon. Dan Sullivan ............................................................................................ 38 

Hon. Steve Daines ............................................................................................ 39 

Hon. Edward Markey ....................................................................................... 40 

Hon. Joe Manchin ............................................................................................. 41 

(1) 

NOMINATION OF 

MARIE THERESE DOMINGUEZ 

TO BE ADMINISTRATOR, PIPELINE AND 

HAZARDOUS MATERIALS SAFETY 

ADMINISTRATION (PHMSA), 

U.S. DEPARTMENT OF TRANSPORTATION 

WEDNESDAY, JULY 22, 2015 

U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. 

The Committee met, pursuant to notice, at 10:05 a.m. in room 

SR–253, Russell Senate Office Building, Hon. John Thune, Chairman of the Committee, presiding. 

Present: Senators Thune, Blunt, Ayotte, Sullivan, Gardner, 

Daines, Cantwell, Markey, Booker, Manchin, Fischer, and Peters. 

OPENING STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

The CHAIRMAN. This nomination hearing will come to order. 

Today we are going to consider the nomination of Marie Therese 

Dominguez to be the next Administrator of the Pipeline and Hazardous Materials Safety Administration. 

PHMSA plays a key role in the infrastructure of the Nation, and 

it is important that its senior leadership be in place to ensure accountability to Congress and an array of stakeholders as we seek 

to improve safety and maintain and expand the Nation’s pipeline 

networks. 

These pipeline and related transportation networks fundamentally underpin our Nation’s economy. So it is important that those 

who directly oversee these networks have the experience and skills 

necessary to manage this critical enterprise. 

The PHMSA Administrator position has been vacant since last 

October when Cynthia Quarterman resigned. By the time President Obama finally announced his intention to nominate Ms. 

Dominguez on May 29, the post had been vacant for 237 days, well 

past the statutory time of 210 days contemplated by the Vacancies 

Act for a temporary appointment. 

The lack of Presidential nominations for critical safety positions 

has been a standing concern of this committee. For example, the 

White House dragged its feet in nominating someone to lead the 

Transportation Security Administration, prompting even The New 

York Times editorial page, normally quite deferential to the PresiVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\97740.TXT JACKIE
2 

dent, to express the opinion that ‘‘the Obama Administration has 

been disturbingly slow to give the TSA strong leadership at the 

top.’’ 

Thankfully, once the Administration nominated a qualified individual to lead the TSA, the Senate was able to act quickly to confirm the nominee, and Admiral Neffenger was sworn in at the TSA 

only 2 weeks ago. 

Unfortunately, the Administration has also been slow in nominating a qualified individual to lead PHMSA. 

During a Commerce Committee hearing back in March of this 

year, Senator Daines expressed concerns to Transportation Secretary Anthony Foxx that a PHMSA Administrator nominee had 

yet to be named and questioned when the PHMSA Administrator 

position would be filled. Secretary Foxx was unable to shed any 

light on the delay or when a nominee could be expected. 

On May 6, Politico published an articled entitled ‘‘President 

Obama’s pipeline safety agency waits for leader,’’ observing that 

‘‘President Obama has blown past the legal deadline to name a permanent boss for the agency that oversees the safety of the Nation’s 

oil trains and fossil fuel pipelines.’’ 

On May 20, 2015, ten Democratic Senators wrote a letter to 

President Obama calling on him to act quickly to nominate an Administrator for PHMSA, and noting that the most recent permanent Administrator left the position more than 220 days ago. 

It seems to take a chorus of inquiries from the media and the Administration’s allies for it to get around to nominating individuals 

to lead critically important safety agencies. 

I am disappointed at the length of time it took for the President 

to send us a nominee for PHMSA, but he has finally sent us one. 

Ms. Dominguez appears to have substantial management experience while serving at the U.S. Postal Service and the Army Corps 

of Engineers, and we appreciate that service. 

I am concerned that her accomplishments do not appear to indicate expertise or experience on issues regarding pipeline safety or 

hazardous materials safety. I will be asking Ms. Dominguez to respond to this concern during the hearing. 

I will also be asking Ms. Dominguez about her perspective on 

some of the challenges facing the Nation’s pipeline infrastructure, 

as well as the challenges the agency is facing with respect to delays 

in reports and regulations mandated by the 2011 Pipeline Safety 

Act. 

Having said all this, I would like to thank Ms. Dominguez for her 

willingness to serve the Nation in this important role, and I look 

forward to her testimony. 

With that, I would like now to turn to our distinguished Ranking 

Member, Senator Booker, for any remarks that he would like to 

make. 

STATEMENT OF HON. CORY BOOKER, 

U.S. SENATOR FROM NEW JERSEY 

Senator BOOKER. Mr. Chairman, I am disappointed that you will 

not allow us to put Senator Warner under oath and ask him some 

questions. 

[Laughter.] 

3 

Senator BOOKER. But absent that permission, therefore I will 

open with my opening statements. 

I want to thank you, Chairman Thune. It is an honor to sit here, 

but I do so with the recognition that Senator Nelson is recovering 

now in Florida, and I just want to echo the thoughts of all my colleagues that we are praying for him and that he has a speedy recovery. 

This is an important hearing. 

And, Ms. Dominguez, congratulations on your nomination. It is 

an extraordinary thing to put yourself forward in public service. It 

is a commitment, as well as a sacrifice, and I am grateful that you 

were willing to do so. 

This is a very important job. While I am sure that most New 

Jerseyans have no idea what PHMSA is, the reality is what you 

are doing is critical for my state and our Nation’s safety. New Jersey, for example, has the highest per capita population in the country. So for my state PHMSA is absolutely critical in that sense: the 

Administration is charged with overseeing the transportation of 

hazardous materials through our state. And this is really what 

your focus of leadership will be about. 

Although the uses of substances that are highly toxic is critical 

for our economy and our daily lives, their use must never come at 

the risk of human safety. We have seen how critical the role of 

PHMSA is in dealing with the movement of hazardous materials. 

For instance, PHMSA played a lead role in addressing safety issues 

that were raised by the transportation of crude oil on freight 

trains. Making sure that these trains that travel through our communities, our neighborhoods where Americans live and sleep and 

work—making sure that they are as safe as possible and moving 

in the best possible and safe tank cars is something that everyone 

here cares passionately about. And with much of New Jersey’s 

pipeline infrastructure being several decades old, we look at ways 

to continually invest and improve in that system. 

Ms. Dominguez, I know that you have a solid record, as was said 

by the Chairman, of effective leadership, problem-solving and more 

in your past positions. I look forward to working with you on ways 

that we can tackle the existing challenges ahead of us and work 

on these vital issues. I am confident that Marie Therese 

Dominguez is well-suited for this role and will bring a high level 

of knowledge and expertise to the position that we all can benefit 

from. 

I look forward to today’s proceedings, and I am grateful again for 

your being here. 

The CHAIRMAN. Thank you, Senator Booker, and thank you for 

very ably filling in for Senator Nelson, who we continue to keep in 

our thoughts and prayers, and are pleased to hear the good 

progress reports, and look forward to having him back on our panel 

here soon. 

And we are also delighted to have with us today one of our colleagues, the Senator from Virginia, Senator Warner, who has 

graced us with his presence in order to introduce our nominee this 

morning, and we want to welcome Senator Warner to the Committee. And please proceed with your remarks. 

4 

STATEMENT OF HON. MARK WARNER, 

U.S. SENATOR FROM VIRGINIA 

Senator WARNER. Well, thank you, Mr. Chairman. It is great to 

be back in the Commerce Committee where I had the opportunity 

to serve with you and so many members for five and a half years. 

I do wonder how the Ranking Member got so far up the dais since 

he was fairly far down the dais when I was on the Committee. 

But it is a great opportunity for me to speak on behalf of my 

good friend. Actually Marie Therese used to work for me at one 

point. So I can speak for her both as a friend and as a former employer. 

Let me say at the outset I fully support her nomination as 

PHMSA Administrator. 

And I think you both made a comment that I would concur with. 

One, I wish the Administration had moved quicker on this. And 

two, PHMSA was one of these agencies that, quite honestly, I had 

never heard for 4 or 5 years ago. But as we have seen the amount 

of, particularly, oil shipment, Bakken crude in particular, go up 

over 50 percent in the last 5 years, this poses enormous, enormous 

challenges. 

In Virginia, we had a major derailment April 30 of last year. In 

Lynchburg, Virginia, we had a train derail going right through the 

heart of the city, and through simple good fortune, it fell into the 

river instead of falling into the town. An enormous fire took place. 

No one was killed, but it was just through the grace of God that 

the train did not derail in the other direction which could have 

been as devastating as some of the accidents that took place in 

Canada and elsewhere around the country. So making sure that we 

have got a qualified, capable Administrator of PHMSA is something that is terribly important. 

And let me explain why I believe that Ms. Dominguez is eminently qualified to do that. 

She has years of experience in both the private sector and the 

public sector. She has a strong background in infrastructure development and oversight with her work with the Army Corps of Engineers. She was Deputy Chief of Staff at FAA and has worked at 

the National Transportation Safety Board. She has also worked at 

the Postal Service. 

Marie Therese has demonstrated her commitment to public service, serving in two administrations and gaining strong managerial 

and infrastructure oversight experience. But she has also worked 

in the private sector, somebody who spent, I will say, 2 years more 

time in the private sector than public sector. I think you need to 

bring both sets of experience to the table. And in both the public 

sector and the private sector, by focusing on bottom line and thriving to make sure that we have got results-oriented environments. 

Now, as I mentioned, Marie Therese has worked for me in the 

past. I had her in a management position where I was very impressed with her capabilities. And I think she has the ability to 

lead PHMSA through the successful implementation of key safety 

reforms. I think as we talk about ways to deal with infrastructure, 

one critical part is going to be our pipelines, our rail systems, and 

others as we transport both critical energy but also, in some cases, 

hazardous materials. And this small, little agency that, again, I 

5 

will acknowledge 5 years ago I did not know existed—I think it is 

going to play an extraordinarily important role in the coming decades. So I think with that in mind, we need a strong leader and 

a strong manager. 

PHMSA has the technical expertise. I know Ms. Quarterman, 

when she was Director—I brought her in. She had had some experience, but you really have to dig into the details with the technical 

people to get all this right, and you need somebody at the top to 

lead. I believe Marie Therese will do that. 

And I appreciate the Committee’s opportunity to allow me to 

come in and put in this recommendation for my good friend. Thank 

you. 

The CHAIRMAN. Thank you, Senator Warner. We appreciate your 

words of recommendation. That obviously means a lot. It carries a 

lot of weight with members of this committee. So thanks for being 

here. Thanks for sharing that. 

And we are very delighted to welcome to our committee Ms. 

Dominguez and look forward to hearing from her and again, express what has already been said, and that is your willingness to 

serve and go through the process that is required to serve in some 

of these important positions. But we welcome you to the Committee 

this morning, and please proceed with your remarks and then we 

will get to some questions. Thank you. 

STATEMENT OF MARIE THERESE DOMINGUEZ, TO BE 

ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS 

SAFETY ADMINISTRATION (PHMSA), U.S. DEPARTMENT OF 

TRANSPORTATION 

Ms. DOMINGUEZ. Good morning. Chairman Thune, Ranking 

Member Booker, members of the Committee, it is an honor to appear before you today as the nominee for Administrator of the Pipeline and Hazardous Materials Safety Administration. 

I would like to thank President Obama for nominating me and 

Secretary Foxx for his support. 

I would also like to thank Senator Mark Warner, a friend and 

a leader. I am grateful to him for introducing me today. 

I am joined today by some very special people, my incredible parents, Margaret and Larry Dominguez. The values they instilled in 

me of family, hard work, sacrifice, and service to others have inspired me beyond measure, leading me to a career in public service. 

My sister Christa, brother-in-law Sean, and my nieces Molly and 

Maggie could not be here today, but they are watching remotely. 

My family is my foundation and a true gift in my life, and I am 

most grateful for their support. 

My father served 42 years in the United States Secret Service, 

the U.S. Department of Transportation, and the United States Marine Corps. As a Secret Service agent, he was with President 

Reagan during the attempt on his life. From him, I learned how 

quickly a life can change and how incredibly rewarding it can be 

to keep others safe. Safety is deeply personal to me, and it is at 

the heart of everything that PHMSA’s employees do each day. 

PHMSA’s reach is vast, but the mission is concise: to protect people and the environment from the risks of hazardous materials 

transportation in all modes, including the 2.6 million miles of pipeVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\97740.TXT JACKIE
6 

line nationwide. This safety mission is what drives the talented 

team of experts and professionals, and safety is what drives me in 

my commitment to make PHMSA the premier safety organization 

in transportation. 

As a leader, most recently at Army Civil Works, I bring to 

PHMSA a dedication to safety and public service; extensive experience as a senior executive in infrastructure, transportation, and 

safety; and a unique perspective on how to organize for success. 

My very first accident launch was in 1996 when I worked at the 

National Transportation Safety Board. It was the ValuJet Flight 

592 crash, which claimed the lives of everyone on board. I witnessed firsthand the devastation that this type of tragedy can 

cause, both the loss of life and the lasting impacts to families and 

communities. 

It was also the first time I interacted with PHMSA’s technical 

and safety experts. They were an integral part of the investigation 

team and contributed a critical safety solution by writing and enforcing regulations to prohibit oxygen containers for carriage in 

passenger aircraft. 

I have also worked with complex government organizations 

through critical periods of change. 

When I joined the Postal Service, mail volume was at record 

highs. But when the economic crisis hit, the market changes we 

thought were years out happened in a matter of months. We 

worked quickly to assess the organization and chart an innovative 

path forward, which included operational as well as legislative and 

policy solutions. The strategy hinged on the ability of the organization to respond to the changing marketplace. We worked within the 

organization, with Congress, and with our partners to implement 

changes that allowed the Postal Service to achieve financial stability. 

I join PHMSA at a similar pivotal juncture. The U.S. energy sector is undergoing a rapid transformation. Technology and innovation have brought energy independence and new products which 

improve our lives, but they also may contain hazardous materials 

that need to be safely transported. It is our responsibility to use 

our regulatory and enforcement authority effectively to assure all 

Americans that, even as the landscape changes, safety is a constant. 

Thanks to resources provided by Congress, PHMSA is growing by 

25 percent to keep pace with economic growth. We need to stay 

ahead and ensure that industry and our State partners are maintaining the highest safety standards. 

We need to examine our processes and our structure so we can 

be responsive and drive innovation that enhances our safety mission. In doing so, we will be better positioned to leverage data, research and development, and other predictive capabilities to manage risk. You have my commitment that I will focus on the continual improvement of PHMSA’s safety record and enforcement regime. If confirmed, I will bring strong leadership and vision to 

make PHMSA synonymous with safety, trust, and innovation. 

Thank you again for the opportunity to appear before you today. 

I look forward to answering any questions. 

7 

[The prepared statement and biographical information of Ms. 

Dominguez follow:] 

PREPARED STATEMENT OF MARIE THERESE DOMINGUEZ, DEPUTY ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, PIPELINE AND

HAZARDOUS MATERIALS SAFETY ADMINISTRATION, ADMINISTRATOR-DESIGNATE

Chairman Thune, Ranking Member Nelson, and Members of the Committee, it is 

an honor to appear before you today as the nominee for Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA). 

I would like to thank President Obama for nominating me and Secretary Foxx for 

his support. 

I would also like to thank Senator Mark Warner—a friend and a leader. I am 

grateful to him for his support of my nomination. 

I am joined today by some very special people—my incredible parents, Margaret 

and Larry Dominguez. The values they instilled in me of family, hard work, sacrifice 

and service to others have inspired me beyond measure—leading me to a career in 

public service. My sister Christa, brother-in-law Sean and my nieces Molly and 

Maggie couldn’t be here today, but they are watching remotely. My family is my 

foundation and a true gift in my life, and I am most grateful for their support. 

My father served 42 years at the United States Secret Service and the U.S. Department of Transportation. As a Secret Service agent, he was with President 

Reagan during the attempt on his life. From him, I learned how quickly a life can 

change—and how rewarding it can be to keep others safe. Safety is deeply personal 

for me, and it is at the heart of everything that PHMSA’s employees do each day. 

PHMSA’s reach is vast, but the mission is concise: to protect people and the environment from the risks of hazardous materials transportation in all modes, including the 2.6 million miles of pipeline nationwide. This safety mission is what drives 

the talented team of experts and professionals, and safety is what drives me in my 

commitment to make PHMSA the premier safety organization in transportation. 

As a leader, most recently at Army Civil Works, I bring to PHMSA a dedication 

to safety and public service; extensive experience as a senior executive in infrastructure, transportation and safety; and a unique perspective on how to organize for success. 

My very first accident launch was in 1996, when I worked at the National Transportation Safety Board. It was the ValuJet Flight 592 crash, which claimed the lives 

of everyone on board. I witnessed firsthand the devastation that this type of tragedy 

can cause—both the loss of life, and the lasting impacts to families and communities. 

It was also the first time I interacted with PHMSA’s technical and safety experts 

at its predecessor agency, RSPA, the Research and Special Programs Administration. They were integral members of the investigation team and contributed a critical safety solution by writing and enforcing regulations to prohibit oxygen containers for carriage in passenger aircraft. 

I have also worked with complex government organizations through critical periods of change. 

When I joined the Postal Service, mail volume was at record highs. But when the 

economic crisis hit, the market changes we thought were years out happened in a 

matter of months. We worked quickly to assess the organization and chart an innovative path forward, which included operational as well as legislative and policy solutions. The strategy hinged on the ability of the organization to respond to the 

changing market. We worked within the organization, with Congress and with our 

partners to implement changes that allowed the Postal Service to achieve financial 

stability. 

I join PHMSA at a similar pivotal juncture. The U.S. energy sector is undergoing 

a rapid transformation. Technology and innovation have brought energy independence and new products which improve our lives, but may contain hazardous materials that need to be safely transported. It is our responsibility to use our regulatory 

and enforcement authority effectively to assure all Americans that, even as the 

landscape changes, safety is a constant. These and other issues will surely be discussed as this Committee and the Congress look to reauthorize pipeline and hazmat 

safety programs this year. 

Thanks to resources provided by Congress, PHMSA is growing by 25 percent to 

keep pace with economic growth. We need to stay ahead to ensure that industry and 

our state partners are maintaining the highest safety standards. 

We need to examine our processes and structure so we can be responsive and 

drive innovation that enhances our safety mission. In doing so, we will be better 

8 

positioned to leverage data, research and development, and other predictive capabilities to manage risk. You have my commitment that I will focus on the continual 

improvement of PHMSA’s safety record and enforcement regime. If confirmed, I will 

bring strong leadership and vision to make PHMSA synonymous with safety, trust, 

and innovation. 

Thank you again for the opportunity to appear before you today. I look forward 

to answering any questions. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): 

Marie Therese Dominguez 

Nickname: Toi 

2. Position to which nominated: Administrator, Pipeline and Hazardous Materials 

Safety Administration (PHMSA). 

3. Date of Nomination: June 2, 2015. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: 1200 New Jersey Ave, SE, Washington, DC 20590. 

5. Date and Place of Birth: El Paso, Texas; December 29, 1965. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). Not Applicable. 

7. List all college and graduate degrees. Provide year and school attended. 

Smith College, B.A (1987) 

Villanova University School of Law, J.D. (1992) 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Management-Level Positions 

• Deputy Administrator 

Pipeline and Hazardous Materials Safety Administration (PHMSA) 

(June 2015 to present) 

• Principal Deputy Assistant Secretary of the Army for Civil Works 

U.S. Department of Defense (USDOD), United States Army 

(March 2000–January 2001; July 2013–June 2015) 

• Vice President for Government Relations and Public Policy 

United States Postal Service (USPS) 

(June 2007–June 2013) 

• Partner 

FieldWorks, LLC 

(June 2004–March 2007). 

• Co-Owner and Partner 

Llamame, LLC 

(June 2004–January 2008) 

• Director of Human Capital and Performance 

Resource Consultants, Inc. 

(December 2001–June 2004) 

• Consultant 

MTD Consulting 

(March 2001–December 2001; August 2006–July 2007) 

• Deputy Chief of Staff and Counsel 

Federal Aviation Administration, U.S. Department of Transportation 

(July 1998–March 2000) 

• Special Assistant to the President and Associate Director of Presidential Personnel 

The White House 

(April 1997–July 1998) 

9 

Non-Management Positions 

• Special Assistant 

National Transportation Safety Board 

(May 1996–April 1997) 

• Intergovernmental Relations Officer 

Office of the Secretary, U.S. Department of Transportation 

(July 1993–August 1994) 

• Deputy Associate Director, Office of Presidential Personnel 

The White House 

(August 1994–May 1996) 

• Regulatory Policy Analyst and Project Administrator 

Science Applications International Corporation (SAIC) 

(August 1987–August 1989) 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last ten years. 

• Department of Defense Representative, White House Initiative on Educational 

Excellence for Hispanics (2013 to present) 

• Member, Arlington County Transit Advisory Commission (2004–2008) 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last ten 

years. 

• Board Member, Democracia USA (2010–2011) 

• Representative and Committee Volunteer, Smith Club of Washington. Committees through the years included program, admissions, and book award.) (1987– 

2009) 

• Co-Owner and Partner, Llamame, LLC (June 2004–January 2008) 

• Consultant, MTD Consulting (March 2001–December 2001; August 2006–July 

2007) 

• Partner, Fieldworks, LLC (June 1994–March 2007) 

12. Please list each membership you have had during the past ten years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

• Member, Belizean Grove/Tara (2012–June 2015)* 

• Member, 116 Club (2006 to present) 

• Member, Maryland State Bar (1992 to present) 

• Member, Maryland State Bar Association (1992 to present) 

• Member, Smith Club of Washington (1987 to present) 

*This is a professional organization in which membership is limited to women. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past ten years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

Entity Date Amount 

Richardson for President 01/08/2008 $500.00 

Friends of Hillary 05/13/2007 $500.00 

Hillary Clinton for President 03/21/2007 $1,000.00 

Friends of Mark Warner 11/04/2008 $500.00 

Rendered Services: 

Field Consultant, Democratic Congressional Campaign Committee (2006) 

Senior Advisor, Forward Together PAC (2006) 

10 

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

achievements. 

• Keynote Speaker, Annual LATINA Symposium, Latina Style Magazine (2014; 

2011) 

• Top 25 Executive, Hispanic Business Magazine’s ‘‘2010 Corporate Elite’’ (2010) 

• Recipient, Postal Board of Governors Award (2009) 

• Recipient, Herman Mitchell Schwartz Award for the most significant contribution to the achievement of equality of opportunity and treatment of women in 

the legal community, Villanova University Law School (1992) 

• Outstanding Honorary Law Student, National Association of Women Lawyers 

(1992) 

• Recipient, Martin Luther King, Jr. Scholarship, Pennsylvania Legal Services 

(1992) 

• Chair, Villanova University Law School Honor Board (1992) 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed: Not Applicable. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony: Not Applicable. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

Over the course of my 16 years in public service, I have held positions of increasing responsibility in agencies focused on logistics, transportation, and infrastructure, 

each with significant operations, regulatory and oversight responsibilities. I have 

worked on policy issues at safety-focused agencies to include the NTSB and the 

FAA. I began my professional career at the U.S. Department of Transportation, 

working with state and local leaders, and industry groups on the implementation 

of the first Intermodal Surface Transportation and Efficiency Act. 

For the last decade, I have served as an executive and senior leader at the United 

States Postal Service and the Department of Defense, Army Civil Works. I know the 

public policy, administrative, regulatory and legislative processes and how to effectuate positive change in the public sector. I have worked effectively with stakeholders to include Congress, the Executive Branch, industry, labor and non-profits 

to develop legislative and policy solutions to difficult problems. 

As an executive, I have led organizations through significant organizational 

change required as a result of various factors—from the aftermath of 9/11 to the 

economic downturn. I have assessed, developed policy and legislative solutions and 

implemented program and operational changes for Federal agencies, including working to restructure the Postal Service, to reorganizing family support services for 

Army Guard and Reserve family programs, post-9/11. 

Clear and effective communication and transparency with employees and all partners is critical to success in achieving organizational change. I am a proven leader, 

capable of effectively managing people and financial resources to develop and implement solutions. 

My career has been dedicated to public service. Americans count on their government to keep them safe. If confirmed to serve as PHMSA Administrator, I would 

bring my experience leading change to PHMSA and develop and implement policy 

that will enhance safety in the transportation of hazardous materials. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

If confirmed as Administrator, my responsibility would be to lead PHMSA in carrying out its mission of protecting people and the environment from the risks of hazardous materials transportation, while providing accountability and transparency of 

Federal taxpayer resources. 

Over the course of my career, I have managed people and budgets for various Federal agencies. In my position as Principal Deputy Assistant Secretary of the Army 

for Civil Works, my responsibilities included working with the Assistant Secretary 

to establish policy direction and provide supervision for the Department of the Army 

11 

Civil Works program. Specifically, this included providing policy, budget ($5B annual appropriation) and performance oversight of the 35,000 person U.S. Army 

Corps of Engineer programs and budget. 

As Vice President for Government Relations and Public Policy at the United 

States Postal Service, I managed two large divisions, both Government Relations (47 

people) and Stamp Services components (147 people) and a budget of $80 million, 

generating over $500 million in annual revenue. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The primary challenge is to achieve the goals and mission of the agency to safely 

transport hazardous materials, with no resulting harm. This must be achieved by 

developing and implementing national policy, setting and enforcing standards, educating all stakeholders, conducting research to prevent incidents and preparing the 

public and first responders to reduce consequences if an incident occurs. 

In today’s evolving transportation and energy landscape, with the increased movement of crude by rail and pipeline, new and aging infrastructure, and evolving technology—preventing and mitigating risk are primary to PHMSA’s goals and objectives. To address these issues and advance the agency forward, the following challenges need to be addressed: 

• Determine if the structure and functions of the agency are organized to optimize 

all resources, improve efficiency, enhance safety and drive innovation 

» Hire and train personnel that have been provided by Congress 

» Improve data collection and analysis to better inform risk management, decision-making and operations 

» Assess agency legal authorities in order to develop enhanced enforcement Capabilities 

• Address legislative requirements and safety recommendations 

» Work to complete Congressional requirements mandated in Pipeline Safety 

Act 2011 and MAP–21 to include rulemakings 

» Engage with Congress and stakeholders to ensure reauthorization of the Pipeline Safety Act and of hazardous materials authorities through the surface 

transportation bill 

» Address outstanding safety recommendations, including those from NTSB, 

GAO, and the Office of the Inspector General 

• Improve communication and transparency 

» Improve partnerships with state and local governments, the industry and 

other key stakeholders to include the Congress 

» Engage key communities in the development and implementation of rules and 

policies 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts: None. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: No. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency Ethics Official to identify any potential conflicts of interest. Any potential conflicts of 

interest will be resolved in accordance with the terms of an ethics agreement that 

I have entered into with DOT’s Designated Agency Ethics Official and that has been 

provided to this Committee. I am not aware of any other potential conflicts of interest. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last ten years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency EthVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00015 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\97740.TXT JACKIE
12 

ics Official to identify any potential conflicts of interest. Any potential conflicts of 

interest will be resolved in accordance with the terms of an ethics agreement that 

I have entered into with DOT’s Designated Agency Ethics Official and that has been 

provided to this Committee. I am not aware of any other potential conflicts of interest. 

5. Describe any activity during the past ten years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

In my years with the U.S. Post Office, I managed the legislative and public policy 

objectives of the organization before the Congress. Significant policy matters at the 

time centered on legislation concerning postal reform efforts. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency Ethics Official to identify any potential conflicts of interest. Any potential conflicts of 

interest will be resolved in accordance with the terms of an ethics agreement that 

I have entered into with DOT’s Designated Agency Ethics Official and that has been 

provided to this Committee. I am not aware of any other potential conflicts of interest. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics, professional misconduct, or retaliation by, or been the subject of a complaint to, any court, administrative agency, the Office of Special Counsel, professional association, disciplinary 

committee, or other professional group? If yes: 

a. Provide the name of agency, association, committee, or group; 

b. Provide the date the citation, disciplinary action, complaint, or personnel action was issued or initiated; 

c. Describe the citation, disciplinary action, complaint, or personnel action; 

d. Provide the results of the citation, disciplinary action, complaint, or personnel 

action. 

No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business or nonprofit of which you are or were an officer ever 

been involved as a party in an administrative agency proceeding, criminal proceeding, or civil litigation? If so, please explain. 

Not to my knowledge. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination. 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

13 

RESUME ́ OF MARIE THERESE DOMINGUEZ

Experience 

U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Washington, DC 

Deputy Administrator (06/22/15–present) 

• Execute PHMSA’s mission to protect people and the environment from the risks 

inherent in the transportation of hazardous materials. PHMSA’s responsibilities 

include the development and enforcement of regulations for the safe, reliable 

and environmentally sound operation of the Nation’s gas and liquid pipeline 

transportation system and the shipment of hazardous materials by rail, highway, water and air. 

U.S. Department of Defense, United States Army, The Pentagon, Washington, DC 

Principal Deputy Assistant Secretary of the Army for Civil Works (07/13–06/15; 

03/00–01/01) 

• Provided policy, management, budget and performance oversight of the U.S. 

Army Corps of Engineers Civil Works program ($5B annual appropriation) for 

water resources infrastructure development in navigation, flood control, hydroelectric power generation, municipal and industrial water supply, outdoor recreation activities, fish and wildlife habitat restoration and ecosystems management. 

• Provide direction on the Department of the Army’s policies related to the Corps 

regulatory programs. 

• Led policy initiatives on alternative financing for civil works projects, streamlining infrastructure permitting, and climate resilience. 

United States Postal Service, Washington, DC 

Vice President for Government Relations and Public Policy (06/07–06/13) 

• Managed the legislative and public policy objectives of the United States Postal 

Service, a $67B organization, with 574,000 employees, processing and delivering 

563M pieces of mail and packages per day to homes and businesses throughout 

the world. 

• Direct report to the Postmaster General, the Deputy Postmaster General and 

the Postal Board of Governors advising on government relations, public policy 

and stamp services issues. 

• Developed legislative proposals and implemented targeted communications 

strategies around authorizing and appropriations legislation in support of corporate strategic objectives. 

• Managed group of 47 legislative analysts and government relation’s liaisons as 

well as executive correspondence unit handling over 12k letters per year from 

Members of Congress. 

• Served as primary liaison to the Executive branch specifically, the White House, 

the Office of Management and Budget, the National Economic Council and various cabinet agencies. 

• Responsible for legislative liaison and outreach with all Federal agencies, state 

and local governments; and postal stakeholders including postal labor unions, 

industry and consumer interests. 

• Managed Corporate Information and Archival programs including the corporate 

Library and the Postal Historian’s offices. 

Stamp Services 

• Provided executive leadership to Stamp Services, a key business unit within the 

USPS generating over $500M in annual revenue and comprised of 143 personnel responsible for subject selection, art design, production, manufacturing/ 

printing, and fulfillment of all stamps and retail philatelic products produced 

and sold by the Postal Service. Oversaw the postal fulfillment center based in 

Kansas City, Missouri that services usps.com and all Internet and philatelic 

purchase orders. 

• Managed cost reduction efforts—25 percent over three years, resulting in cost 

savings of $20M. 

• Directed strategic effort to develop comprehensive P&L statement quantifying 

all costs and expenditures for the stamp program. 

14 

Fieldworks, LLC, Washington, DC 

Partner (06/04–03/07) 

• Woman and Hispanic owned political consulting firm specializing in grassroots 

organizing and customized field strategies. 

• Served as field and turnout consultant for Democratic Congressional Campaign 

Committee (DCCC) and the Democratic National Committee (DNC). 

Llamame, LLC, Washington, DC 

Co-Owner and Partner (6/04–01/08) 

• Created, owned and operated a bilingual communications firm specializing in 

culturally conscious phone, radio and Internet messaging strategies directed to 

Latino audiences in both Spanish and English. 

Resource Consultants, Inc., Vienna, VA 

Director of Human Capital and Performance (12/01–06/04) 

• Management consultant focused on organizational development including business process re-engineering, workforce assessment and transformation, strategic 

planning, training and diversity. 

• Lead multi-million dollar consulting projects for Federal clients including the 

FBI, the Farm Credit Administration, the U.S. Army Guard and Reserve and 

the U.S. Air Force. 

• First to analyze and develop baseline of family support services for deployed 

military service members. Our assessment led to the development of comprehensive recommendations for enhancement of funding and expansion of family support services for Army Guard and Reserve components, nationwide. 

• Lead organizational assessment of FBI immediately after 9/11. Findings and 

analysis focused on organizational structure, staffing and workforce capabilities 

to address changing mission in post-9/11 environment. 

• Lead team of 8 MBA’s, Ph.D.’s, subject matter experts and support contractors. 

MTD Consulting, Arlington, VA (3/01–12/01 and 8/06–7/07) 

Developed political, legislative and field strategies for government and non-profit 

organizations including: 

• Senior Advisor to Governor Mark Warner, Forward Together PAC. Developed 

political strategies and organizing plans for early Presidential primary states. 

• Puerto Rico Federal Affairs Administration (PRFAA): Provided management 

and legislative counsel to the Governor of Puerto Rico and her Washington, DC 

office (PRFAA) on appropriations, transportation and policy issues. Developed 

the agency’s Strategic Plan. 

U.S. Department of Transportation, Washington, DC 

Deputy Chief of Staff and Counsel, Federal Aviation Administration, (7/98–3/00) 

• Provided counsel to the FAA Administrator on matters concerning aviation programs and policy development including aviation certification issues, safety and 

security. 

• Represented the Administrator on several controversial airport expansion 

projects involving environmental, safety and capacity concerns. 

Intergovernmental Relations Officer, Office of the Secretary, (7/93–8/94) 

• Developed and implemented outreach efforts to State and local governments, 

trade associations, industry and labor groups for Administration and Secretarial 

legislative and policy initiatives. 

• Organized community meetings throughout the U.S. and drafted summary report entitled, ‘‘U.S. Department of Transportation, The Intermodal Surface 

Transportation and Efficiency Act (ISTEA), Regional Round Table Report and 

Action Plan’’ which evaluated implementation of ISTEA and identified gaps and 

additional needs in U.S. infrastructure investment in preparation for the reauthorization of surface transportation legislation. 

The White House, Washington, DC 

Special Assistant to the President and Associate Director of Presidential Personnel, 

(4/97 7/98) 

• Managed the search, selection, vetting and Senate confirmation of cabinet and 

sub-cabinet appointments. 

• Oversaw portfolio of seven cabinet agencies, eleven independent agencies and 

75 presidential boards and commissions—over 2,500 positions in total. 

15 

• Managed Latino outreach efforts within the Office of Presidential Personnel including Members of the Congressional Hispanic Caucus and various national 

Latino organizations on the recruitment and retention of Hispanics for Federal 

service. 

National Transportation Safety Board, Washington, DC 

Special Assistant, (5/96–4/97) 

• Provided counsel to Chairman and Members of the Board. Assisted on-scene at 

major transportation accidents with crisis communications including press briefings, legal and security issues and family assistance. On-scene at ValuJet accident in the Florida Everglades and TWA 800 explosion in New York. 

• Reviewed and analyzed proposed safety recommendations, reports and safety 

studies resulting from the NTSB’s investigation of major transportation accidents in all modes including aviation, rail, transit, marine, gas and pipeline and 

hazardous material. 

The White House, Washington, DC 

Deputy Associate Director, Office of Presidential Personnel, (8/94–5/96) 

• Assisted in making recommendations to the President on candidates for appointment to Senate confirmed positions, Senior Executive Service and Presidential boards and commissions. 

• Reviewed the statutory requirements for each position, executed searches for 

potential candidates. Conducted outreach to Members of Congress and relevant 

constituent groups. 

• Wrote decision memoranda for the President, press releases, prepared nominations and assisted candidates through confirmation. 

Science Applications International Corporation (SAIC), McLean, VA 

Regulatory Policy Analyst, Waste Regulations Department, (1988–1989) 

Project Administrator, Environmental Policy and Implementation Group, (1987– 

1988) 

• Provided program support and analysis for the Environmental Protection Agency. Assisted in writing feasibility studies for Superfund sites; developing medical waste regulatory standards; and formulating management standards for recycled used oil. 

• Responsible for financial and contract reporting requirements for several government contracts, the largest contract valued at $83 million. 

Education and Certifications 

Villanova University School of Law, Villanova, PA—J.D., 1992 

Smith College, Northampton, MA—B.A. in American Studies, 1987 

Bar Admission—State of Maryland 

Lean Six Sigma—Green Belt Certified 

Security Clearance—FBI Top Secret 

Awards 

Postal Board of Governors Award, 2009 recipient 

Hispanic Business Magazine, named one of the Top 25 Executives, ‘‘2010 Corporate 

Elite’’ 

Latina Style Magazine, Annual National LATINA Symposium, keynote speaker 

2011 and 2014 

The CHAIRMAN. Thank you, Ms. Dominguez. 

And I will get started with the questions and just ask a very sort 

of general question at the beginning. You have been a Deputy Administrator now at PHMSA for the past month. Can you just identify those things that you see as some of the major management 

challenges of the agency? 

Ms. DOMINGUEZ. Good morning and thank you, Chairman Thune. 

Based on my short time at PHMSA so far—and I have only been 

there a few weeks—I can honestly say that one of the first things 

that I would look to do is assess the organization in terms of our 

16 

organizational structure and make sure that we are actually structured in a way that can lead to long-term success. 

I have also had the opportunity to understand the depth and the 

incredible technical expertise of the workforce at PHMSA. They 

bring a lot to the table, and they are incredibly dedicated to our 

safety mission. 

So I think we have the opportunity to not only examine our internal processes, but also make improvements to the structure of 

the organization so that we are really driving innovation and becoming more predictive and able to use our data better in a way 

that actually leverages our inherent capabilities in rulemaking, 

regulatory oversight, and enforcement and truly driving the safety 

mission. 

The CHAIRMAN. And I mentioned earlier your resume ́ reflects 

substantial management experience both at the Army Corps of Engineers, as well as at the U.S. Postal Service. But it does not appear to include specific expertise regarding pipeline safety and hazardous materials safety. So let me ask you what you feel you bring 

to the job and how will you address concerns about a possible lack 

of subject matter expertise, should you be confirmed. 

Ms. DOMINGUEZ. Thank you for that question, Chairman Thune. 

I believe what I bring to the table is a depth of experience in 

leading and managing people in very complex, large organizations. 

Regardless of the topic, I have worked in transportation, infrastructure and safety for a number of years, and I have worked, again, 

in large, complex organizations, including the FAA, and the FBI. 

When I was in the private sector, I worked on an organizational 

assessment for the FBI in a post-9/11 environment. I have also 

worked, again, for the United States Postal Service and most recently for the Army Corps of Engineers and oftentimes in periods 

of great organizational change addressing issues that need to be 

addressed to structure organizations for the long term. And I believe that I bring my public policy expertise to the table in looking 

at these issues and believe that, if confirmed, I will be able to apply 

my skills and experiences in leading change at PHMSA in a positive direction. 

The CHAIRMAN. Since you became the Deputy Administrator of 

PHMSA last month, a rupture occurred on a Plains All American 

pipeline in Illinois resulting in an estimated 100 barrels of oil being 

spilled. Shortly before you were nominated, a bigger rupture occurred in California on a pipeline also owned by Plains All American resulting in 2,400 barrels of crude oil eventually being spilled 

into the Pacific Ocean. 

What has been your level of engagement with respect to these 

pipeline ruptures, and what updates can you provide to the Committee regarding these accidents? 

Ms. DOMINGUEZ. The Plains pipeline—the Santa Barbara incident occurred before I came onboard at the agency, but I can assure you that we have worked diligently with the company. One of 

the things that we are looking to do is make sure that we better 

understand what their safety processes are. One of the areas of 

concern is response times moving forward if there is an incident. 

The agency’s job is to make sure that all of the regulations that 

we have in place are not only followed but that we are able to have 

17 

an appropriate response level. And just last week, the CEO of 

Plains was in. We will be working with them long-term to make 

sure that they are, indeed, developing a culture of long-term safety 

management practices for their agency and, again, as our investigation continues to understand the root causes of both accidents 

in Santa Barbara and in Illinois and work toward solutions that 

are systemic and comprehensive. 

The CHAIRMAN. The current pipeline safety authorization expires 

September 30 of this year. Will the administration be sending a 

draft reauthorization bill to Congress prior to that deadline? 

Ms. DOMINGUEZ. Chairman Thune, I agree with you that reauthorization is—indeed, the deadline for the Pipeline Act, in particular, is expiring at the end of September. We look forward to assessing the needs of what PHMSA can do to best structure ourselves for success moving forward with an eye toward reauthorization. It will be one of my top priorities, if confirmed, to actually, 

again, undertake that assessment and make sure that we work 

diligently with the Congress, work with you to understand what 

those potential needs may be and develop a solid authorization proposal. 

The CHAIRMAN. As you know, last week, the PHMSA Acting Administrator, Stacy Cummings, testified before Congress that more 

than a dozen requirements of the 2011 Pipeline Safety Act remain 

unfinished 4 years later. What will you do in your role as PHMSA 

Administrator to fulfill PHMSA’s responsibilities under the 2011 

law, should you be confirmed? And is there a plan for prioritizing 

the remaining incomplete regulations? 

Ms. DOMINGUEZ. Chairman Thune, I appreciate the strong commitment that you have made not only to making sure that the existing mandates under the 2011 Act are committed to and fulfilled. 

But you can be assured that I also am committed to making sure 

that the mandates and the recommendations are also completed. 

At this point in time, we have completed approximately 26 of the 

42 existing mandates. You have my commitment that moving forward, we will do everything that we possibly can to make sure that 

we not only complete the remaining mandates as aggressively as 

possible but prioritize those mandates as well. Two of the outstanding issues are a gas transmission rule, as well as a liquid hazard transmission rule. I would like to strive to get those completed 

before the end of this year, get out a notice of proposed rulemaking. 

Not only will it address a number of the existing mandates that are 

left in the 2011 Pipeline Act, but it will also address a number of 

GAO and NTSB recommendations. 

The CHAIRMAN. Thank you. 

Senator Booker? 

Senator BOOKER. Thank you, Chairman Thune. 

First of all, I just want to say I have been here about 18 months, 

and that was one of the best opening statements I have heard. And 

I really appreciated you talking about your parents for a minute, 

and your father’s incredible commitment to public service is something that is worthy of reverence from all of the Senate. And I 

know when he has the kind of level of public service, it is not just 

him. It is an extraordinary wife who supports him and empowers 

18 

him to serve his country. So I am grateful for that and thank you 

for mentioning that in your opening statement. 

Recent pipeline and rail incidents demonstrate the ongoing risks 

posed by transporting gas and other hazardous materials and the 

urgent need for continued oversight by PHMSA. For example, a gas 

rupture in September 2010 in San Bruno, California killed eight 

people and damaged over 100 homes. But that is just one incident 

of, unfortunately, way too many that we see when it comes to the 

transportation of hazardous materials. 

Additionally, recent increases in accidents involving trains carrying crude oil highlight the need to address safety risks posed by 

emerging use of rail infrastructure. Rail safety is something that 

is very much on my mind as a United States Senator especially because of the level with which it passes through the state of New 

Jersey and other vital arteries around this country. 

And so I think that now that you have been there for a little bit, 

I just want to ask, do you think that PHMSA has the proper resources to vigorously oversee the safe transportation of hazardous 

materials by pipeline, rail, and other modes? 

Ms. DOMINGUEZ. Thank you for the question, Ranking Member 

Booker. 

I have to say that we are very grateful for the resources that 

Congress has provided over the course of the last year. Last December, Congress was generous and provided an additional 122 

new positions to the agency. And I think managing that investment, moving forward, is one of my top priorities. 

Our mission is to really protect people and the environment from 

the risks of hazardous material in transportation, and we take that 

very seriously. And with the increase in the energy production in 

this country, we need to make sure that not only are we using the 

dollars that Congress has invested in us wisely but also looking to 

see how we can efficiently structure the organization to address not 

only current needs but future needs so that as we look forward, we 

need to make sure that we are structured for long-term success to 

address not only the energy markets but everything that we have 

got on our plate. 

Senator BOOKER. So as I learned in my role as Mayor and dealing with crises in my city, one of the biggest challenges always was 

coordinating with various levels of government. And so you, obviously, have to coordinate with the Department of Transportation’s 

modal administrations on the oversight of hazardous materials. 

What would you do to foster greater coordination and seamless action in terms of prevention and response? 

Ms. DOMINGUEZ. Thank you for the question, Senator. 

I think that it is inherent in everything that you do as a leader 

to make sure that you are not only coordinating as best you can 

internally amongst the organization—DOT has a great leadership, 

we will continue to do that—but we also need to coordinate with 

our state as well as local partners, emergency responders, and we 

have great opportunity to do that. We also need to coordinate with 

all of our stakeholders and make sure that there is communication 

and transparency across the board. We certainly have opportunity 

to do that, but I will continue that and make sure that not only 

are resources provided to our emergency responders and our level 

19 

of state coordination is thorough and robust, but that we are also 

coordinating internally with our Federal partners and with Congress to ensure communication and transparency. 

Senator BOOKER. Ms. Dominguez, real quickly in the last minute 

that I have. DOT recently issued new tank car standards, but some 

of the recent crude-by-rail accidents have involved spills from upgraded cars. Do you believe other actions are needed to prevent or 

mitigate these accidents? 

Ms. DOMINGUEZ. I agree that we need to make sure that the tank 

cars that carry crude oil are, indeed, as robust—and other hazardous liquids, are as robust as possible. And the Administration 

has put forward—the Department put forward a high hazard flammable train rule just this past May. Those requirements include a 

very robust—it is a very comprehensive set of actions—include a 

very robust approach to rail car safety. So we would look to continue working along that path to make sure that the schedule that 

is outlined for operational controls, as well as tank car integrity, 

are pursued. 

Senator BOOKER. Thank you very much. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Booker. 

Senator Ayotte? 

STATEMENT OF HON. KELLY AYOTTE, 

U.S. SENATOR FROM NEW HAMPSHIRE 

Senator AYOTTE. Thank you, Chairman. 

I want to thank you, Ms. Dominguez, for your service, and this 

is obviously a very important position that you have been nominated for. 

As I understand it, FERC is charged with issuing permits for the 

construction of natural gas pipelines. Is that right? 

Ms. DOMINGUEZ. That is correct. 

Senator AYOTTE. However, according to FERC’s own website, it 

says the commission has no jurisdiction over pipeline safety or security but actively works with other agencies with safety and security responsibilities. I assume that includes PHMSA, given the important responsibilities you have for overseeing the safety of pipelines. 

Ms. DOMINGUEZ. Yes, Senator. 

Senator AYOTTE. If FERC, by its own admission has no jurisdiction over pipeline safety, how does PHMSA interact with FERC to 

make sure that when there is a proposed pipeline, that it is actually being sited in a way that protects people’s safety? 

Ms. DOMINGUEZ. Thank you for the question, Senator Ayotte. 

And I appreciated the opportunity to meet with you and understand the concerns of the citizens of New Hampshire. You shared 

your concerns about a siting of a pipeline that is under consideration. 

And in answer to your question, PHMSA works aggressively with 

FERC. While FERC actually is responsible directly for the permitting, that permitting process includes a very robust public process. 

And PHMSA partners with FERC in public meetings if there are 

questions about the safety and integrity moving forward of a potential pipeline. We talk about our roles and responsibilities and we 

20 

look to partner with FERC as often as we can. And we would be 

happy to follow up with you as there is additional opportunity in 

public forums to communicate that. 

Senator AYOTTE. Excellent, because when you and I met, I told 

you about a pipeline project being proposed by Kinder Morgan that 

would potentially travel through New Hampshire. It is called the 

Northeast Energy Direct Pipeline. Right now, the project is in its 

pre-filing stage. I have heard a lot of concerns from my constituents about pipeline safety in their communities. In fact, recently in 

Merrimack, New Hampshire, the Merrimack School Board voted 

unanimously to oppose any route for the Kinder Morgan pipeline 

that comes within a thousand feet of a district school building. 

So as we talk about PHMSA’s role in overseeing safety, would 

you agree with me that pipeline routes also can impact safety depending on, for example, whether they are near a school, or a wetlands, and that it’s an important responsibility not just what FERC 

does but making sure FERC takes safety into account when they 

are looking at a proposed route for a pipeline? 

Ms. DOMINGUEZ. Yes, Senator. I appreciate your commitment to 

safety and making sure that things are sited, as well as constructed, properly. 

Again, our mission is to make sure that we protect people and 

the environment from any risk of hazardous materials transportation. So in working with FERC through the process of actually 

siting a pipeline, we will bring our safety expertise to bear as best 

we can in partnership with the agency. 

Senator AYOTTE. So one thing that as I look at the process—will 

your role as PHMSA Administrator also include being engaged in 

the pre-filing process to ensure that the safest route possible is determined for the location of the pipeline? 

Ms. DOMINGUEZ. I appreciate what you are saying. I would have 

to actually go back and understand the level of detail to which we 

work with FERC in terms of the actual pre-application. I do know 

that during the course of the pre-application process, to the degree 

that there is public meetings and FERC is doing due diligence, we 

do participate and share the safety components of the actual construction of pipelines. So I would be happy to get back with you 

and make sure that we provide you with the accurate data. 

Senator AYOTTE. Well, this is really important to my constituents, and I have been listening to what they had to say to me about 

this and their concerns, and I want to make sure they are addressed. 

Would you commit to coming to New Hampshire, if confirmed, to 

hear from citizens and stakeholders directly regarding the safety 

concerns of this pipeline in coordination with FERC? And would 

you commit to working with FERC and others to ensure the safety 

of this pipeline? 

Ms. DOMINGUEZ. Yes, Senator. I would be happy to do that. I 

would be happy to work with you and your staff to visit New 

Hampshire and talk to your citizens. 

Senator AYOTTE. Thank you. I appreciate that. Thank you very 

much. 

Ms. DOMINGUEZ. Thank you. 

The CHAIRMAN. Thank you, Senator Ayotte. 

21 

Senator Fischer? 

STATEMENT OF HON. DEB FISCHER, 

U.S. SENATOR FROM NEBRASKA 

Senator FISCHER. Thank you, Mr. Chairman. 

And thank you, Ms. Dominguez. It is so nice to see you. I really 

appreciated you taking the time to come over when we were having 

votes on the Senate floor so we could have a brief meeting. I appreciate your background. I appreciate your service and that of your 

family. Thank you very much. 

With respect to natural gas storage facilities, in 2011 PHMSA requested feedback from industry stakeholders regarding how 

PHMSA should properly regulate these types of facilities. And at 

this time, you really have taken little action on the stakeholder recommendations. So if confirmed by the Senate, will you commit to 

moving forward with the industry recommendations so that we can 

ensure greater safety for communities along the pipeline storage 

routes? And what specifically do you see in those recommendations 

that you would be interested in possibly moving forward on? 

Ms. DOMINGUEZ. Thank you, Senator Fischer. It was a pleasure 

to meet with you the other day. I greatly appreciate you taking the 

time and sharing your concerns. 

With regard to priorities, one of the things that we are working 

on, as I said, and what will be one of my priorities moving forward, 

will be to makes sure that we publish, hopefully by the end of this 

year, a notice of proposed rulemaking on gas transmission pipelines. And to the degree that that actually addresses some of your 

concerns, I would like to make sure that I understand the full complexity of the issues that you are raising, but I do believe that a 

good portion of our proposed rulemaking will address some of those 

concerns. 

Senator FISCHER. Have you had an opportunity to review specific 

stakeholder recommendations yet from the industry, the industry 

stakeholders, and do you have a personal opinion on any of those? 

Ms. DOMINGUEZ. Senator, I have not had a chance to review the 

comments from stakeholders, but if confirmed, I will absolutely 

work aggressively to do that and make sure that we follow up appropriately. 

Senator FISCHER. Thank you. 

And from what I understand, PHMSA has not completed its hiring of pipeline personnel that was funded in 2015 appropriations. 

So if confirmed, do you plan to complete that hiring of personnel? 

And what areas do you specifically believe that more personnel is 

needed within the agency? 

Ms. DOMINGUEZ. Thank you for the question, Senator Fischer. 

Indeed, one of my top priorities will be to complete the mandates 

under the 2011 Act, and that includes hiring of personnel. The 

Congress has been incredibly generous in providing additional resources for us to do that. We were able to bring on board—we are 

working to bring on board 109 positions in our pipeline community 

alone, and 80 percent of those will be in the inspection area. And 

at this point in time, we have hired about 46 percent. We are striving right now to make sure that we can complete that hiring as aggressively as possible. We are looking to leverage every mechanism 

22 

that we have got available to us, whether it is social media, and 

really aggressively recruiting inspectors. 

As you can imagine, given the energy boom, we are going head 

to head with private industry for the exact same type of petroleum 

engineer, and what we are looking to do is diversify what we are 

looking for. So we are also looking at transportation experts, as 

well as auditors, other people that can help us in this function 

area. So we are doing all we can to make sure that we hire as aggressively as possible. 

One interesting note is that I actually heard the other day that 

some of the corporations are actually recruiting sophomores in 

their undergraduate years to come on board. So our competition is 

steep but we are aggressively pursuing it, and we are going to do 

all we can to make sure we complete it. 

Senator FISCHER. I know Congress has increased the budget for 

the inspector staff quite a bit since 2009. I am concerned because 

NTSB says that accidents were a result of regulatory enforcement 

failures. And so I would ask you is the problem with the execution 

of the regulations, not so much what the rules are or the resources 

that the agency has available to them. Where do you see the root 

of the problem on this? 

Ms. DOMINGUEZ. So the agency’s fundamental goal is to make 

sure that we have a zero death and injury accident rate. And we 

have seen the numbers over the course of time decrease, but there 

is still a lot that we need to do. 

So one of the first things that I will look at, one of my priorities, 

is actually to undertake an enforcement assessment and make sure 

that we are doing all we can to not only understand the levers that 

we have available, whether they are civil penalties, corrective action orders, et cetera, but also where can we find additional opportunities to make sure that we have the most robust enforcement 

program in place. So I will be looking to do that and look forward 

to working with you on that. 

Senator FISCHER. You have good organizational skills and I look 

forward to you putting them to positive use within this agency. 

Thank you. 

Ms. DOMINGUEZ. Thank you very much, Senator. 

The CHAIRMAN. Thank you, Senator Fischer. 

Senator Sullivan? 

STATEMENT OF HON. DAN SULLIVAN, 

U.S. SENATOR FROM ALASKA 

Senator SULLIVAN. Thank you, Mr. Chairman. 

And, Ms. Dominguez, I want to echo Senator Booker’s comments 

about your opening statement, the reference to your parents. I 

think that was very well appreciated, and I think it gives a deeper 

understanding for the Committee about your own service. So I appreciate you wanting to do this job, and your mom and dad and 

family backing you. I think that is very important. 

You know, as mentioned earlier on PHMSA—right—a lot of people do not know. Actually in Alaska it is a fairly well known agency 

simply because of the importance of the Trans-Alaska Pipeline, 

what we call TAPS in Alaska. So have you ever seen TAPS or been 

to Alaska. It is really quite an engineering marvel that has transVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00026 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\97740.TXT JACKIE
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ported, I believe, now close to 16 billion barrels of oil. Have you 

seen the pipeline? 

Ms. DOMINGUEZ. No, sir. I have not had the opportunity. 

Senator SULLIVAN. Well, if you are confirmed, I would love to get 

you up there soon because I think you can learn a lot by seeing one 

of the most famous pipelines in America. 

Ms. DOMINGUEZ. Thank you. I would be happy to join you. 

Senator SULLIVAN. I wanted to relay a quick story because it is 

an important one to kind of clarify some confusion in Alaska. In 

2011, the Trans-Alaska Pipeline System at Pump Station 1 had a 

leaked. It was a self-contained leak within Pump Station 1. But we 

shut down the pipeline. It was about 30 below 0 when this happened, so there were some concerns about actually restarting it. 

There were some delays, and the delays were principally caused by 

Federal agencies claiming jurisdiction. In particular, the EPA came 

up to Alaska in force and claimed that they had jurisdiction over 

TAPS, which confused a lot of people. I had been the Attorney General and recently was the Commissioner of Natural Resources at 

the time, and I told the EPA we did not recognize their authority 

because they did not have jurisdiction over the Trans-Alaska Pipeline System. 

I later was in Washington and a couple PHMSA officials came 

up to me. They heard the story, and they thanked me for, quote, 

standing up to defend their turf. 

So can I just get from you directly because it is a really important issue in Alaska—there was some confusion. I think it was another example of classic EPA overreach claiming powers that they 

do not have. What is the Federal agency that has primary jurisdiction over the Trans-Alaska Pipeline System? 

Ms. DOMINGUEZ. Senator Sullivan, thank you for sharing your 

personal experience with the agency. 

Indeed, PHMSA has jurisdiction over that area, but we always 

look to collaborate with our partners. 

Senator SULLIVAN. Of course. We all do. But it is important to 

actually clarify who is in charge. 

Ms. DOMINGUEZ. Yes. 

Senator SULLIVAN. The EPA is not in charge of TAPS. You guys 

are. 

Ms. DOMINGUEZ. Yes, sir. 

Senator SULLIVAN. So I am glad you clarified that for my constituents. 

You mentioned that the energy boom, the energy renaissance is 

something that we should seize as a country. It is a great opportunity. Do you have numbers as a percentage of volume of crude 

oil being moved what is the safest way to move crude oil? I am assuming it is via pipeline versus rail, but do you know the answer 

to that question? And if you do not, could you get us that? 

Ms. DOMINGUEZ. I would be happy to get you—to look into it. But 

I will tell you that our responsibility is to look at all modes of 

transportation for any material that is moving—— 

Senator SULLIVAN. No, I know. But I mean, we debate rail. We 

debate safety. The President vetoed the Keystone XL pipeline despite 65 Senators being for that project. 

24 

By the way, do you think that was a wise move of the President 

to veto that project? 

[Pause.] 

Senator SULLIVAN. You do not have to answer that question. 

Ms. DOMINGUEZ. Thank you, sir. 

Senator SULLIVAN. I thought I could ask it. But I will not hold 

that against you, that you did not answer. 

But in all seriousness, the issue of—as a volume of crude oil— 

as a percentage of volume, what is the safest way to actually move 

it. Pipeline versus rail cars? I am almost sure it is pipelines, but 

if you guys can answer that question, that would be very helpful. 

Ms. DOMINGUEZ. Thank you, Senator. 

The bottom line is that regardless of what mode of transportation 

is used, our job is to—— 

Senator SULLIVAN. No, I know. But I mean, to help us with our 

deliberations here, I think it is an important question. 

Let me ask a final question. You know, delays can undermine 

safety, and unfortunately, whether it is PHMSA pipeline audits 

that can take up to 18 months, whether it is the notice of probable 

violation letters that you guys send to operators, sometimes these 

are delayed by 700 days after an inspection. These are delays that 

can really undermine safety because we want to know if there is 

a problem. We want to know what the problem is very quickly. 

Again, I think PHMSA has an incredibly important job, certainly 

in my state it does, but throughout the country. But there are a 

lot of episodes of delays, audits, these NOPV letters. And when you 

delay these, we do not have the knowledge of what is happening 

well or what is happening poorly, and then it can cause further 

challenges in terms of safety. 

Can you commit to this committee, if you are confirmed, to use 

those 109 new personnel that we have authorized for you to hire 

to make sure they are not only doing their job, but they are doing 

it efficiently, meaning bringing down some of these long delays and 

timelines that have happened in terms of inspections and letters 

out to operators to let them know, hey, there is a challenge? It 

should not take 700 days to let an operator know that there is 

some kind of violation. 

Ms. DOMINGUEZ. Senator, thank you very much for sharing your 

concerns. 

Indeed, as I stated before, one of my priorities will actually be 

to assess our enforcement process and make sure that we are working as efficiently as possible and using all of the potential options 

that we have moving forward. And I will commit to working with 

you to make sure that we do things expeditiously. 

Senator SULLIVAN. Great. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Sullivan. 

And I would agree that between rail and pipeline, pipeline has 

got to be safer, but, Ms. Dominguez, if you could furnish the answer to that, that would be most helpful. We debate a lot around 

here modes of transportation, and we just moved a rail title, Senator Booker’s, a lot of good work involved in getting the rail provisions in the transportation bill that we are going to consider on the 

floor, along with a safety title, which is really critical. But I think 

25 

as we evaluate as a policy matter too how best to move a lot of 

these commodities to the marketplace, I would certainly be interested to know, if that information and data is available, what is the 

safest way in which to transport many of these commodities. 

Next up is Senator Blunt. Hold on. My apologies. I have Senator 

Peters and then Senator Blunt. My apologies to the Senator from 

Missouri and the Senator from Michigan. Senator Peters? 

STATEMENT OF HON. GARY PETERS, 

U.S. SENATOR FROM MICHIGAN 

Senator PETERS. It is no problem. Thank you, Mr. Chairman. 

And thank you, Senator Blunt, for noticing that. I appreciate that. 

Thank you, Ms. Dominguez, for being here today, and I certainly 

appreciate the opportunity that we had yesterday to spend some 

time talking about a variety of issues and appreciate your willingness to serve. This is a big job ahead of you but one that is absolutely critical. 

And I want to pick up on the discussion that Senator Sullivan 

mentioned and Chairman Thune mentioned as well about pipeline 

safety versus the railroads. Certainly railroads are a high-risk operation, but let us remember that pipelines can also be an operation that is fraught with potential problems. 

In fact, I think we know it better than most in the state of Michigan because this coming Saturday on July 25, we will recognize a 

very unfortunate 5-year anniversary of the worst oil spill disaster 

on land in the United States. It was a spill that was a 6-foot break 

in the pipeline near Marshall, Michigan that resulted in a spill of 

about 1 million gallons of heavy crude oil, heavy crude oil coming 

from Canada, which is heavy oil, which means it sinks in water, 

which is even more problematic. It spread for 35 miles along the 

Kalamazoo River and tributaries. And I think the last count that 

I have seen, it has racked up costs in excess of $1 billion to clean 

up this oil pipeline disaster in Michigan. 

And what was probably the most troubling aspect of the disaster 

is that it took 17 hours before they actually shut off the oil from 

this pipeline. The company itself did not know the pipeline had 

ruptured. It was a utility worker for a different company that happened to be driving by, is my understanding, and saw the oil and 

called the company and said, I think you got a problem here. And 

they did to the tune of about a million gallons of oil spilling 

through the water in Michigan. 

The independent investigations after the spill concluded that 

weak Federal regulations were a part of that spill, had a role in 

that. And in response, this committee played a major role in the 

2011 pipeline safety bill that included a number of very important 

safety provisions in that legislation. 

Unfortunately, as you have heard today, many of these rules and 

regulations mandated by Congress and recommended by safety experts have yet to be finalized by PHMSA and the Department of 

Transportation. Simply unacceptable. We need to step that up immediately. I know that some progress has been made, and I am 

certainly hopeful that under your leadership you will be fully committed to make sure that we do what has to be done in order to 

protect our land and our environment. 

26 

But even with those kinds of moves, I am still particularly concerned about future spills in the Great Lakes, and it is because of 

what we saw firsthand in Michigan and the Kalamazoo River. We 

are very concerned about potential pipeline breaks in the Great 

Lakes. And we have a pipeline now that is a very old pipeline that 

was sited before NEPA, before environmental regulations were in 

place. It is 60 years old that cross the Straits of Mackinac. And experts have all said that it would be probably the worst possible 

place for a spill in the event of an accident similar to what we had 

in Kalamazoo just 5 years ago. In fact, it would create a plume that 

would likely stretch for 85 miles into Lake Huron and Lake Michigan in my state. 

And we have to remember that the Great Lakes contain 84 percent of North America’s surface fresh water and about 21 percent 

of the world’s supply of fresh water. And the Great Lakes provide 

drinking water for 40 million people. It is pretty clear that a pipeline break in the Great Lakes would be absolutely catastrophic. 

And this pipeline was sited prior to, as I mentioned, a lot of environmental regulations. 

We have a number of experts who have said this 1950s technology is outdated. The coatings have been proved deficient in a variety of other pipelines around the country. We have zebra mussels 

now that create some acid that also can work against pipes. So bottom line, we have a lot of concerns. 

I am running low on time. I am not going to have many questions for you. But this is going to be a number one priority for me 

and I hope my colleague as well, given the impact that it would 

have on the entire country, not just the Great Lakes region. 

So I guess my initial question to you is given the fact that this 

occurred before NEPA, what do you see the role? Particularly when 

this pipeline has changed some of its operations over many of those 

years, how can we get in there and make sure that we are perhaps 

doing new cost-benefit analysis as to whether or not this pipeline 

should even exist anymore? 

Ms. DOMINGUEZ. Thank you, Senator Peters. I really appreciate 

you taking the time to meet with me yesterday. I also have to say 

that I was incredibly struck by the fact that you just shared yesterday but as well as today that the Great Lakes provides fresh drinking water for over 40 million people. And I commit to work with 

you not only to make sure that our pipelines are as safe as they 

possibly can be but also look to make sure that we are protecting 

people and the environment moving forward and truly carrying out 

our mission. So I look forward to, again, pursuing those efforts with 

you directly and for the people of Michigan. 

I do know that we are working on an exercise with Enbridge 

Pipeline for emergency responders in September of this year, look 

to work with the state and local governments as well to make sure 

that people—if there is an accident, that we are actually responding and mitigating that as much as we possibly can. So, again, I 

look forward to working with you moving forward. 

Senator PETERS. And if I may just briefly, Mr. Chairman. And 

I appreciate the mitigation, but I will just let you know we had a 

panel sitting where you were just a month or two ago talking about 

the disaster in the Gulf. And what came out in the panel was a 

27 

lot of the ways that we deal with mitigating oil disasters in salt 

water simply do not work in fresh water. The bacteria that exists 

in salt water does not exist in fresh water that helps eat some of 

the oil that is spilled. And some of the techniques that we use also 

do not work apparently in fresh water, some of the dispersants. So 

there is a lack of knowledge of how we deal with fresh water oil 

disasters, which was particularly troubling. 

But then the other thing I want to remind you of, if you have 

an oil disaster under the Straits of Mackinac in the wintertime, it 

is all covered with ice. The last two seasons, the Great Lakes unusually have been completely covered by ice. So you can imagine 

a pipeline break underneath water with currents in fresh water 

with thick ice. How do you clean that up? It may not even be possible to clean up until it does absolutely catastrophic damage to the 

environment and to the drinking water supplies for people. 

So this is an issue that I am going to be in your office regularly. 

My staff will be there. We have got a PHMSA reauthorization coming up. This, I hope, will be at the very top of your agenda as a 

very fragile ecosystem and one that has incredible potential to do 

damage not only for drinking water but recreational uses as well 

as the commercial uses of the Great Lakes. So I look forward to 

working with you. 

Ms. DOMINGUEZ. Thank you, Senator Peters. And I am committed to working with you to make sure that we address your concerns. Thank you. 

The CHAIRMAN. Thank you, Senator Peters. 

Thank you. Senator Blunt. 

STATEMENT OF HON. ROY BLUNT, 

U.S. SENATOR FROM MISSOURI 

Senator BLUNT. Thank you. I thank the Chairman. 

A number of good questions have been asked and answered. A 

number of others for the record, I am sure, will be. But I had one 

question that actually, particularly your comment on modes of 

transportation and your jurisdiction on those modes of transportation. I guess my question relates to that a little bit. 

There is clearly a lot of movement toward liquefied natural gas 

for transportation fuel. PHMSA has the siting authority for where 

the small-scale LNG facilities can be sited. I have heard some concerns that in siting those facilities, that there is not much consideration to how that fuel is going to be transported, not much consideration, which may go to the question of what is the best way to 

transport fuel which may then become one of the things you want 

to look at as you look at how to site these facilities. 

But in those facilities, they are built as if I think they were going 

to be transported in a pipeline but often not. Barge, truck, train, 

other things. Maybe barge and truck would be the two examples 

that I know of that come to mind. 

So are you aware of that concern about siting these LNG facilities and any comments you might have on whether how that liquefied natural gas is going to be transported should be part of the 

siting consideration. 

Ms. DOMINGUEZ. Thank you, Senator Blunt. And I appreciate the 

question and your concern with regard to liquid natural gas. I do 

28 

recognize that the United States is becoming not only the world’s 

largest—we are changing basically from an importer to an exporter, and in doing so, we need to make sure that the siting facilities for both small as well as large LNG facilities are as robust as 

they can be and making sure that they are complying with PHMSA 

regulations. 

I do know initially that the agency is working on making sure 

that we update our rulemaking and our regulations in this area. 

I would be happy to work with you moving forward to make sure 

that we are addressing the small facilities, as well as the larger facilities, and that our packaging, meaning like literally the requirements for siting, are addressed. 

Senator BLUNT. Yes. I think one of the things, Ms. Dominguez, 

you are seeing here today is some substantial interest by the Committee about how the fuel is transmitted and whether that should 

be a consideration. At least in my view of things like siting a smallscale facility, if there are two alternatives and you actually do come 

up with a recommended and safer way to transport and one of the 

alternative sites is near that and one is not, it would seem to me 

that would be a reasonable consideration. 

I know in the Transportation appropriations bill for next year— 

I believe in the bill the Committee passed at least, since we have 

passed none of the appropriations bills on the floor, but committeepassed bill would actually direct you to do a study on this. But I 

think it is a significant issue. I hope, as you assume the likely leadership you are going to assume for the agency, that is something 

you will be thinking about and paying attention to as the siting 

discussion and your siting obligation goes forward. 

Ms. DOMINGUEZ. I will, indeed, sir, and I look forward to following up with you to continue this discussion but also to make 

sure that we are looking into it appropriately. I do know, again, 

that we are looking to make sure that our regulations are addressing all of the emerging concerns. 

One of the things that I can tell you that I am very committed 

to is not only making sure that the agency is addressing existing 

technologies and energy markets but being more predictive and understanding where the trends are likely to be in the future. And 

we need to do that through more robust data analysis and R&D. 

So I think this issue gets at the heart of that, and I look forward 

to working with you on it. 

Senator BLUNT. Thank you. It was great to have you here and 

your parents with you today. 

Ms. DOMINGUEZ. Thank you very much, sir. 

The CHAIRMAN. Thank you, Senator Blunt. 

Senator Cantwell? 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

Ms. Dominguez, congratulations on your nomination to the Pipeline and Hazardous Materials Safety Administration spot as Administrator. 

You mentioned something that is very much on my mind and 

many people’s here and that is the notion of energy security and 

29 

how we switched from being an importer to creating a domestic 

supply and the maximum amount of increase that we have seen because of that on our transportation networks and our systems. 

Do you believe that crude oil volatility is an issue? 

Ms. DOMINGUEZ. I believe certainly that we need to make sure 

that we are doing all we can to understand the properties of crude 

oil, especially crude oil coming out of the Bakken. There are indeed 

volatility issues that are a significant concern. I also believe that 

we are doing everything that we possibly can to better study and 

understand what those characteristics of that oil are, and moving 

forward, you have my commitment that we will continue to not 

only work with you but work to make sure that we are partnering 

with the appropriate Federal agencies, in this case, the Department of Energy, where we have an ongoing study with the Department of Energy and Sandia Labs to examine the characteristics of 

the crude oil coming out of the Bakken area and really, truly understand what that volatility threshold is. 

Senator CANTWELL. So you support funding for that. 

Ms. DOMINGUEZ. I believe that the Congress has provided us 

funding to do that. We have undertaken the study already with 

DOE, and we will look to make sure that we are using those dollars wisely, and if we need to invest more, absolutely. 

Senator CANTWELL. OK, good. Well, that last part was critical for 

me because I think that is where we are. You know that DOE came 

up with a crude oil characteristics research study, which was a 

compilation of science as it exists today on the subject, which 

raised questions about the volatility. And so they wanted to move 

forward on an actual large-scale combustion testing and comprehensive program. The issue is not that they do not want to do 

it. The issue is at the moment they do not have the funding. So 

glad that you support that and that is what we need to do to make 

sure that that volatility testing gets done. And so I just want to 

make sure that as the Administrator of the Pipeline and Hazardous Materials Safety Administration that you support making 

sure that that gets done. 

Ms. DOMINGUEZ. Thank you, Senator. I believe that it is a 

phased study, as I understand it. There are about six tasks that 

are underway. We are pursuing one through four right now, really 

looking at initially the sampling and characteristics of the oil, and 

the remaining tasks that you are referring to really do get to the 

larger-scale testing to understand the actual characteristics and 

how all the factors would come together and undertaking that 

study. We look to also partner with industry to make sure that we 

are—— 

Senator CANTWELL. But you want to make sure that happens. 

Ms. DOMINGUEZ. Yes, ma’am. 

Senator CANTWELL. Five and six or whatever it is called. 

Ms. DOMINGUEZ. Yes. I think that we need to make sure that we 

are looking to make sure that we are doing everything we possibly 

can to address the volatility issue. 

Senator CANTWELL. Well, I could not agree more. I think that we 

are leaving our fire fighters at critical junctions at these catastrophes, as we have seen explosions, without the resources and the 

tools to even address the fires because we have so much train trafVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00033 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\97740.TXT JACKIE
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fic now, three trains a day that is supposed to go as high as 15 

trains a day and we have mayors from places like Seattle who say 

they will not send fire fighters into some of our train tunnels in 

Seattle if in fact there is an explosion. They will not even send people in there. That is how hazardous it is and how challenging. So 

I think getting these answers is critical. So thank you for that. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Senator Daines? 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM MONTANA 

Senator DAINES. Thank you, Mr. Chairman. 

Welcome. Good to see you again, Ms. Dominguez. And congratulations on your nomination. It was good to have you stop by the 

office and get to know one another and chat a bit about the future 

of PHMSA. 

As we discussed in our meeting, PHMSA plays a very important 

role in Montana. It is a big state and it is vital to ensure our safe 

and environmentally sound transport of our natural resources, 

whether it is pipeline or also by rail. 

The agency’s jurisdiction covers approximately 2.6 million miles 

of pipeline and railroads when transporting hazardous materials. 

Approximately 19,000 miles of pipeline and another nearly 3,200 

miles of rail cross Montana. This infrastructure is truly an economic bloodline for Montana. We produce nearly 30 million barrels 

of crude oil, 63 billion cubic feet of natural gas, and 42 million 

short tons of coal annually and export about 60 percent of that energy production. 

In terms of the connection to jobs, the oil, gas, and mining industries directly—directly—employ about 14,000 Montanans, and they 

account for about 8 percent of our state’s gross domestic product. 

And it is about a half a billion dollars in state and local tax revenue. 

So as we look at this very important job, it is imperative to Montana that we continue to move these commodities in a safe and efficient manner. 

Very recently, Montana has experienced the consequences of rail 

car derailments and pipeline failures. In fact, just last Thursday, 

a train derailed near Culbertson. It released 35,000 gallons of 

crude oil. In January, a pipeline ruptured near Glendive and released 30,000 gallons of crude into the Yellowstone River. In 2011, 

a pipeline ruptured on that same river, the Great Yellowstone, and 

it released 63,000 gallons of crude oil there by Laurel, Montana. So 

I know Montanans want to be assured that our pipelines are going 

to be safe and our rail lines are going to be safe. 

So as Administrator, how are you going to be able to regain the 

public’s confidence—because frankly, when we have had some of 

these incidents, it shakes the confidence of the folks back home— 

that our pipelines are safe, that it is a good way to get our natural 

resources to market? 

Ms. DOMINGUEZ. Thank you, Senator Daines. And I do appreciate 

the opportunity to meet with you and very much appreciate your 

concerns not only for the citizens of Montana, but you also articuVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00034 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\97740.TXT JACKIE
31 

lated your concerns about the natural resources that were impacted 

not only by the oil incident in January of this year on the Yellowstone River but also the most recent rail car derailment just last 

week. 

The bottom line is that I think we need to make sure that everything that we do with regard to the integrity of pipelines is as robust as it possibly can be. As you know, we have worked very diligently with the state of Montana to make sure that we are identifying the highest-risk areas, making sure that we are able to address any concerns with regard to river crossings and make sure 

that directionally drilled pipes are in place to address any potential 

concerns with regard to flooding. Moving forward, we have developed a report to Congress. We will look to follow that up and address any concerns with regard to any potential—— 

Senator DAINES. Yes. I know the concerns on the aging infrastructure. 

Ms. DOMINGUEZ. Yes. 

Senator DAINES. Some of these pipelines are 50 years old or 

greater. As you pointed out, they were dredged into the Yellowstone versus directionally drilled. And we want to continue to work 

to identify these higher-risk pipelines and make sure that we have 

processes in place to prevent future spills. 

And speaking of the state, following these incidents, it has been 

important for Montanans to locate information about the pipelines 

in their communities. In fact, the Montana legislature recently 

passed a bill to collect information on pipelines that intersect rivers, given we have had these two breaches on the Yellowstone in 

the last few years, and make sure it is publicly available online so 

that a Montanan can go online with transparency and see where 

these river crossings occur with pipelines. 

I will tell you I have heard from back home there has been some 

frustration with the lack of response from PHMSA as the state is 

asking for some greater transparency. What could you do to help 

us ensure that Montanans have access to the information? Again, 

these are the folks that live the closest to the source of where these 

spills could occur. 

Ms. DOMINGUEZ. Senator Daines, I think you raise a really good 

issue. And one of the things that I would like to work with you on 

moving forward is making sure that we have as much information 

as is possible about where pipelines actually are in any given community so that it is made available and is as transparent to the 

public as possible. 

There are some concerns about—we have an opportunity. We 

have the National Pipeline Mapping System. We are working and 

hope to do an information collection here, a notice in the next couple of months that would further enhance our data with regard to 

the exact siting of pipelines. We also have to balance that with 

making sure that we are sharing information appropriately to 

make sure that we are not doing anything that would, indeed, 

threaten our national security interests as well. 

That said, we also have very robust programs. The 811 program, 

‘‘Call Before You Dig,’’ is literally geared toward citizens across the 

country, as well as contractors and excavators, making sure that 

people have information. We partner with Common Ground AlliVerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00035 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\97740.TXT JACKIE
32 

ance. I would like to continue that robust partnership and make 

sure that there is awareness. Excavation itself is one of the worst 

threats to the integrity of a pipeline system, and working forward 

to not only provide the information on where pipelines are but also 

enhance our notification and information and share that more 

widely with the public through the 811 process. 

Senator DAINES. Mr. Chairman, can I ask one more question? I 

am out of time. Thank you. 

I look forward to working to find that right balance between protecting national security and transparency, particularly for river 

crossings with pipelines, and working with our State officials back 

home. 

Ms. DOMINGUEZ. Thank you, Senator Daines. 

You know, the information that we share that is more critical is 

done through our protocols that we establish with the Department 

of Homeland Security to make sure that the people that need a 

deeper level of interest, including emergency responders, have that 

information. And it is done in a very secure manner, but they have 

it so that they can respond appropriately and also know what is 

in the area. 

Senator DAINES. My last question is given the recent accidents 

in Montana, I appreciate the transparency of PHMSA’s response. 

It has been good. However, PHMSA’s rulemaking has been quite 

opaque. So we are seeing transparency when there is an accident, 

but it has been a bit opaque in the upstream process which probably could be key to prevention. Certainly an ounce of prevention 

could be worth a pound of cure. 

As Administrator, how would you see increasing transparency of 

that rulemaking process and include the coordination with industry 

as well as State stakeholders? 

Ms. DOMINGUEZ. Senator Daines, I agree with you that communication and transparency are fundamental to the process moving 

forward, whether it is rulemaking or communicating any of our information that we have available to share. 

My experience, having led a number of organizations, is really 

making sure that as we move forward in any rulemaking process, 

there is a healthy, robust opportunity for not only stakeholders to 

provide comments in the rulemaking process but that we are responsive, whether it is through reports to Congress or other means, 

to sharing information along the way, taking that transparent opportunity of comments through the rulemaking process, working 

through them, addressing them, working with our stakeholders and 

understanding where they are coming from, and then truly writing 

the most robust rules that we possibly can addressing concerns 

that are there, recognizing that we have to do that in a cost-benefit 

manner. 

Senator DAINES. Thank you. 

Ms. DOMINGUEZ. Thank you. 

The CHAIRMAN. Thank you, Senator Daines. 

I think that wraps things up. So, Ms. Dominguez, again thank 

you for being here and responding to our questions and for your 

willingness to put your name forward as a nominee for what is a 

critically important safety position in the administration. As you 

could hear today, lots of questions, a lot of interest. And we will 

33 

look forward, if confirmed, to working with you to address many of 

those. 

The hearing record will remain open for 2 weeks. During this 

time, Senators are asked to submit any questions for the record. 

Upon receipt, the witness is requested to submit her answers to the 

Committee as soon as possible. 

So with that, again, I want to thank you for appearing here 

today and thank you so much for having your family join us and 

for the long history that you and your family have of serving our 

great country. 

This hearing is adjourned. 

[Whereupon, at 11:17 a.m., the hearing was adjourned.] 

(35) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

MARIE THERESE DOMINGUEZ

Question 1. Ms. Dominguez, pipeline and hazmat safety are PHMSA’s primary responsibilities. Should you be confirmed, how will the agency consider other factors, 

including the environment, when establishing rules and prioritizing agency resources under your leadership? While other factors may impact your decision making, would you agree that safety always needs to be the paramount consideration 

for PHMSA? 

Answer. Safety is PHMSA’s top priority. Our mission is to protect people and the 

environment from the risks of hazardous materials transportation. We achieve our 

mission by ensuring infrastructure is built and operated safely. 

Question 2. Ms. Dominguez, in your response to the Committee questionnaire, you 

described a challenge facing PHMSA as ‘‘assess[ing] agency legal authorities in 

order to develop enhanced enforcement capabilities.’’ What enhanced enforcement 

capabilities do you have in mind and want to develop, should you be confirmed? 

Answer. PHMSA is a safety agency and our goal is to have zero deaths or injuries. 

While PHMSA has seen a decrease in the number of significant incidents over the 

last ten years, there is more work to do. I am committed to using all tools at our 

disposal—including strong regulations, rigorous safety inspections, outreach and 

education—to improve safety. Enforcement authorities are a critical aspect of preventing and deterring accidents. If confirmed, I will assess our enforcement capabilities and determine how PHMSA can use them more effectively. 

Question 3. OMB delays in reviewing proposed PHMSA regulations give OMB a 

share of the blame for missing deadlines under the 2011 Pipeline Safety Act. Should 

you be confirmed as PHMSA administrator, what will you do to make pipeline safety a higher priority within this Administration? 

Answer. During my 16 years of public service, I have worked extensively through 

the administrative, regulatory and legislative processes, and I have experience 

working with OMB and stakeholders. The rulemaking process is methodical, inclusive and transparent. It enables PHMSA to fully consider stakeholder input and to 

ensure that new regulations stand up to cost-benefit scrutiny. I believe this process 

results in meaningful rules that can be implemented. If confirmed to serve as 

PHMSA Administrator, I will work within the Department, with OMB and stakeholders to prioritize and complete the remaining mandates and recommendations. 

Question 4. Ms. Dominguez, the 2011 Pipeline Safety Act required a report to 

Congress on expanding integrity management beyond populated areas for natural 

gas transmission pipelines. This report appears to be a year late in terms of being 

completed. When will this report be submitted to Congress? 

Answer. PHMSA continues to raise the bar on safety as part of our integrity management program. PHMSA’s Report to Congress regarding its evaluation of expanding pipeline integrity management beyond High-Consequence Areas and whether 

such expansion would mitigate the need for gas pipeline class location requirements 

is currently under review, and I will continue to work with the Department and 

OMB to complete it by the end of the calendar year. 

Question 5. Ms. Dominguez, Congress responded to requests last year for more 

PHMSA funding by increasing PHMSA’s pipeline safety budget by 23 percent in FY 

2015. Should you be confirmed, how will you as PHMSA Administrator ensure these 

funds yield tangible pipeline safety improvements? 

Answer. On behalf of the Department, I’d like to thank Congress for its support 

in approving the 2015 increase in funding for PHMSA. Those resources present 

PHMSA with the opportunity to grow our workforce by approximately 25 percent. 

As we bring on new staff and encounter a changing economy, I will assess the agency to ensure we’re structured for success and to use the resources you have given 

us effectively. Of the 122 additional positions we are hiring for, 109 of those are in 

the pipeline area. About 80 percent of the new pipeline positions will be working 

36 

in inspection and enforcement—the vast majority of them out in the field. These 

new inspectors and enforcement personnel will allow us to conduct additional inspections and training and improve enforcement of our regulations and standards. 

I will ensure we leverage these resources to mitigate risk, drive innovation and improve safety. 

Question 6. Ms. Dominguez, PHMSA Acting Administrator Stacy Cummings testified recently at a House hearing that the agency has so far hired about half of the 

100-plus new PHMSA employees expected under the FY 2015 funding increase provided by Congress. Should you be confirmed, what will you do as PHMSA Administrator to complete this hiring, and what will you do to ensure that new staff is 

qualified, trained, and on the job improving pipeline safety? 

Answer. PHMSA is committed to using every available tool to hire qualified staff 

more quickly. We are leveraging existing resources and personnel to implement an 

agency-wide recruitment strategy aimed at removing barriers and increasing accountability within our organization. We are also investing in new media tools to 

identify well-qualified candidates. We are working to reduce hiring times and mitigate fierce industry competition for candidates with the necessary qualifications, by 

prioritizing efficiency in our hiring and offering incentives and other strategies to 

increase our hiring. We are also targeting professional organizations and are looking 

to partner with colleges and universities to create a pipeline of candidates interested 

in public service. As we onboard these new hires, we are developing and implementing a rigorous training program to ensure they are able to maintain the highest level of safety. 

Question 7. Ms. Dominguez, in your response to the Committee questionnaire, you 

described a challenge facing PHMSA as ‘‘improv[ing] partnerships with state and 

local governments, the industry and other key stakeholders.’’ Do you support joint 

PHMSA and industry efforts to improve pipeline inspection technology research and 

development? 

Answer. If confirmed, my priority will be to drive innovation to further our safety 

mission. PHMSA’s grant programs, research and development forums and outreach 

initiatives support the development of new technologies and best practices that enhance safety. Thanks to generous congressional support, PHMSA’s nearly $45 million in investments have contributed to 22 patent applications and 25 new pipeline 

technologies entering the market. These tools can help detect engineering defects, 

safety risks and possible incidents, and play a contributing role in helping us reach 

zero deaths and incidents. If confirmed, I will work to ensure that PHMSA continues to communicate with all stakeholders to identify and address common safety 

challenges. 

Question 8. Currently, PHMSA does not have regulations for natural gas storage 

facilities. In 2011, PHMSA did seek to develop a regulatory program for natural gas 

storage facilities, as part of an advanced notice of proposed rulemaking. In the 

meantime, industry has developed a set of safety standards for these facilities, 

which could be used by PHMSA to jumpstart the creation of a Federal safety program. Will you commit to getting a Federal oversight program for these facilities 

initiated during your tenure? 

Answer. PHMSA is working to improve our understanding of trends and innovations in our economy and energy landscape. If confirmed, I will continue PHMSA’s 

work to develop regulations that provide certainty and reflect new standards for the 

design, construction and operation of natural gas storage facilities. I will coordinate 

with other Federal agencies to address the safety and regulatory issues related to 

these facilities. 

Question 9. Do you use an official government e-mail account for official business? 

Answer. Yes. 

Question 10. Do you use an alternate, alias, or other official account (apart from 

your primary official account) for official business? 

Answer. No. 

Question 10a. If so, is the Department’s Chief FOIA Officer aware of this practice? 

Answer. Not Applicable. 

Question 10b. Have you ever used a non-official e-mail account for official business? If yes, please explain your purpose and justification for this practice. 

Answer. No. 

Question 10c. Have you ever used a personal, non-official device to send and/or 

receive text messages for official business? If yes, please explain your purpose and 

justification for this practice. 

Answer. No. 

37 

Question 10d. Have you ever used any internal instant messaging system for official business? If so, are these messages properly archived? 

Answer. No. I have not used an internal instant messaging system for official 

business. 

Question 10e. Have you ever used any external instant messaging system, such 

as Google Chat, for official business? If yes, please explain your purpose and justification for this practice. 

Answer. No. 

Question 11. Are you aware of any other Department or Administration officials 

who use or have used non-official e-mail accounts and/or personal, non-official devices for official business? 

Answer. I am not aware of Department or Administration officials who use or 

have used non-official e-mail accounts for official business, but DOT employees are 

permitted to access their DOT e-mail accounts from personal devices through remote 

access solutions, including Outlook Web Access and Virtual Desktop Infrastructure. 

Activity is monitored/captured by the DOT system and is in line with all 

cybersecurity guidelines. 

Question 12. Are you aware of any unlawful or accidental removal, alteration, or 

destruction of electronic Federal records in the Department’s custody or control, including e-mails? If so, has the Department reported these incidents to NARA? 

Please provide details of any such incidents, including the dates, number and type 

of records, and custodians involved, as well as any reports, including dates, made 

to NARA. 

Answer. No. I am not aware of any unlawful or accidental removal, alteration, or 

destruction of electronic Federal records, including e-mails, in the Department’s custody or control. 

Question 13. Are you aware of any Department employee’s use of a private or 

independent e-mail server to conduct official business? 

Answer. No. 

Question 13a. If yes, who approved its use? 

Answer. Not Applicable. 

Question 13b. What was the rationale or justification for its use? 

Answer. Not Applicable. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROY BLUNT TO

MARIE THERESE DOMINGUEZ

Question 1. PHMSA has established a 120-day internal time schedule for the processing of special permits and approvals. Other industrialized nations take three to 

four weeks. Will you commit to streamlining this process? 

Answer. It is my understanding that the special permits and approvals process 

has been improved in recent years, and I am committed to ensuring that all our 

processes achieve safety in an effective and efficient manner. PHMSA is working to 

complete regulatory proposals that will incorporate a large number of special permits into regulations, expand the standard operating procedures in the regulations, 

reduce redundant approval procedures, and streamline the special permit process. 

Question 2. One of the bottlenecks to the efficient processing of explosives classification approvals is the re-examination of the classification recommendations from 

PHMSA-approved labs of the thousands of applications submitted annually. Currently, PHMSA has approved five labs to perform this task. Has PHMSA considered 

committing resources to oversee the operations of the five-approved labs so that 

their classifications recommendations could be accepted without reexamination? 

Answer. As I look to assess the organization to determine opportunities for efficiency, I am aware that PHMSA has, through rulemaking, authorized Fireworks 

Certification Agencies (FCA) to act as third-party laboratories to certify new consumer fireworks. As a result, there are six FCAs that have helped improve 

PHMSA’s efficiency in processing firework applications. Moving forward, as we continue to assess the organization and our processes, we will look for additional efficiencies in this area. 

38 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. DAN SULLIVAN TO

MARIE THERESE DOMINGUEZ

Question 1. The 2011 Pipeline Safety Act had 42 obligations for PHMSA to complete. It’s my understanding that there are 16 still outstanding. If confirmed, you 

will be taking on these obligations. What is the specific reasoning for this lack of 

completion? How much time will you need to complete these remaining items? 

Answer. To date, PHMSA, in coordination with the Department, has completed 

26 of the 42 mandates in the 2011 Pipeline Safety Act. Completing all congressional 

mandates is critical to PHMSA’s pipeline safety program because it allows us to 

meaningfully strengthen our oversight program. PHMSA is diligently pursuing closure of the remaining mandates and has made significant progress. 

In the past month alone, in coordination with the Department and OMB, PHMSA 

issued two notices of proposed rulemaking on incident notification requirements for 

pipeline operators and operator qualifications, and the expansion of excess flow 

valve requirements. Two of PHMSA’s highest rulemaking priorities, the notices of 

proposed rulemaking titled ‘‘Safety of Gas Transmission Pipelines’’ and ‘‘Safety of 

Hazardous Liquid Pipelines,’’ address a number of the remaining mandates and will 

be published by the end of the year. 

PHMSA will address several mandates and actions through additional 

rulemakings that are already in progress and reports to Congress that are currently 

under review or edit. Report topics include integrity management and class location, 

CO2 pipelines, and non-petroleum hazardous liquid transportation. PHMSA will address the remaining mandates and actions through future regulatory activities and 

possible information collection activities, which will be advanced over the course of 

the next 18 months. 

A more complete status report, which includes the most recent actions taken on 

each mandate, is available on PHMSA’s homepage at http://phmsa.dot.gov/pipeline/psa/phmsa-progress-tracker-chart. 

Question 2. Please list the pending rules from PHMSA and the expected completion date for each. 

Answer. 

PHMSA Rulemakings Status (as of 8/3/2015) 

Hazardous Materials: Enhanced Tank Car Standards 

and Operational Controls for High-Hazard Flammable 

Trains 

Final rule announced by Secretary Foxx on 5/1/2015. 

Final rule published in the Federal Register on 5/ 

8/2015. Received five appeals to date. 

Pipeline Safety: Enforcement of State Excavation 

Damage Laws 

Final rule published July 23, 2015 

Hazardous Materials: Reverse Logistics Final Rule publication anticipated in August 2015. 

Hazardous Materials: Miscellaneous Amendments Final Rule scheduled for publication in November 

2015. 

Hazardous Materials: Requirements for the Safe 

Transportation of Bulk Explosives 

Final rule publication anticipated in August 2015. 

Hazardous Materials: Special Permit SOP and 

Evaluation 

Final Rule in formal concurrence; scheduled for publication in September 2015. 

Hazardous Materials: Corrections Rulemaking Publication of Final Rule tentatively scheduled for 

September 2015. 

Hazardous Materials: Special Permit Incorporation Final Rule scheduled for publication by October 

2015. 

Pipeline Safety: Issues related to the Use of Plastic 

Pipe in Gas Pipeline Industry 

NPRM published May 21, 2015; comment period 

ended 7/31/2015 

Pipeline Safety: Excess Flow Valves In Applications 

Other Than Single-Family Residences in Gas 

Distribution Systems 

NPRM published July 15, 2015; comment period 

ends September 14, 2015 

Pipeline Safety: Operator Qualification, Cost 

Recovery, Accident and Incident Notification, and 

Other Changes (RRR) 

NPRM published July 10, 2015; comment period 

ends September 8, 2015 

Pipeline Safety: Safety of On-Shore Liquid Hazardous 

Pipelines 

Under OMB review; expect to publish NPRM by end 

of 2015 

39 

PHMSA Rulemakings Status (as of 8/3/2015) 

Pipeline Safety: Gas Transmission Under OMB review; expect to publish NPRM by end 

of 2015 

Hazardous Materials: ASME Code Supplemental NPRM (SNPRM) is tentatively scheduled for August 2015. SNPRM is currently under 

review. 

Hazardous Materials: Cylinder Petitions NPRM publication scheduled September 2015. 

Hazardous Materials: Oil Spill Planning and 

Information Sharing for High-Hazard Flammable 

Trains. 

NPRM under Agency review; expected publication 

November 2015. 

Hazardous Materials: Wetlines Under Agency review; expected publication November 2015. 

Hazardous Materials: Notification of the Pilot in 

Command and Response to Air related Petitions for 

Rulemaking 

Publication of NPRM tentatively scheduled for November 2015. 

Hazardous Materials: Response to Petitions for 

Rulemaking 

Publication of NPRM tentatively scheduled for November 2015. 

Hazardous Materials: Review and Update of Rail 

Carrier Regulations in Part 174 

Drafting NPRM; expected publication December 

2015. 

Pipeline Safety: Amendments to Parts 192 and 195 to 

require Valve installation and Minimum Rupture 

Detection Standards 

NPRM in development; expected to publish Feb. 

2016 

Question 3. API recently released Recommended Practice 1173, Pipeline Safety 

Management Systems. I understand PHMSA participated in the development of this 

Recommended Practice. What is your view of the role safety management systems 

have in pipeline operations and your view of this guidance for the industry? 

Answer. Safety is our priority, and Safety Management Systems (SMS) promote 

a higher level of safety by encouraging operators to enhance their safety cultures. 

Safety Management Systems have improved safety performance in a variety of industries, including aviation, nuclear and healthcare. I believe SMS can help drive 

necessary improvements to pipeline safety in the U.S. 

Question 4. It’s my understanding that with respect to the regulation of smallscale natural gas facilities, PHMSA is currently using standards that are more than 

a decade old. These standards, updated several time since 2001 by the same standard setting group (National Fire Protection Association), are slowing the construction of facilities designed to supply LNG as a fuel. Do you believe that PHMSA 

should base its regulatory regime on the most up to date standards? 

Answer. I believe that PHMSA’s regulations must keep pace with innovation, and, 

if confirmed, ensuring that the agency is predictive and innovative will be a top priority for me. PHMSA is working to develop regulations that provide certainty for 

the design, construction and operation of LNG facilities and reduce the need for special permits. To expedite the rulemaking process, PHMSA is focusing on updating 

outdated codes and standards in current regulations. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. STEVE DAINES TO

MARIE THERESE DOMINGUEZ

Question 1. As we previously discussed, Montana produces 63 billion cubic feet of 

natural gas annually. Additionally, we have another 590 billion cubic feet of natural 

gas reserves. With natural gas as the most widely used energy source to heat homes 

during cold Montana winters, nearly 54 percent of households, it is important to 

streamline its production. 

I have heard that PHMSA has told businesses that special permits, waivers, or 

equivalency determinations are needed to build small-scale LNG facilities that seek 

to use the latest technologies for design, construction, and operation. As the Administrator of PHMSA, what initiatives will you lead to keep up with safety technology 

innovation and advances, to reduce the need for special permits and decrease regulatory uncertainty? 

Answer. PHMSA is working to improve its understanding of trends and innovations in our economy and energy landscape in order to improve regulations for design, construction, and operation of LNG facilities and reduce the need for special 

40 

permits. If confirmed, I will work to advance PHMSA’s research efforts to be more 

predictive and position PHMSA to drive innovation. 

Question 2. The Energy Information Administration (EIA) recently noted crude by 

rail delivered in the U.S. and from Canada to the U.S. exceeded 1 million barrels 

per day in 2014. EIA also predicts U.S. crude oil production will grow by another 

1 million barrels per day by 2020. Unless we want to double the number of crude 

by rail cars currently traveling across America to meet this new production forecast, 

we need to build more pipelines. How will you as PHMSA Administrator support 

the construction and safe operation of new crude oil pipelines? 

Answer. We have a renaissance in energy that has resulted in a significant increase in new gas and liquid pipeline construction projects over the last decade. 

PHMSA’s pipeline safety regulations require pipeline operators to evaluate newly 

constructed pipelines to check for issues that could affect a pipe’s overall ability to 

operate safely prior to placing the pipeline in service. Although PHMSA does not 

have a role in approving permits for pipelines, it does have safety oversight for the 

design, construction and operation of approved pipelines. If confirmed, I will make 

sure that PHMSA inspects and monitors any newly approved pipeline throughout 

the construction and testing phase, and into its operational life. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. EDWARD MARKEY TO

MARIE THERESE DOMINGUEZ

Question 1. In the 2011 reauthorization of the Pipeline Safety Act, Congress doubled the fines that could be levied against pipeline operators who violate regulations 

to a maximum of $200,000 per incident per day with a maximum for related violations of $2 million. However, for large oil and gas and pipeline companies, these 

fines still amount to nothing more than a slap on the wrist. For instance, for its 

2013 spill of 5,000 barrels of tar sands crude in Arkansas, Exxon was fined $2.7 

million, in a year in which it made $32.6 billion in profits. These penalties need to 

be real financial deterrents. Ms. Dominguez, would you agree that the maximum 

fines PHMSA can levy against companies who violate the law need to be at a level 

where they are sufficient financial deterrents? 

Answer. PHMSA currently has many tools available to improve safety following 

a pipeline incident, including Corrective Action Orders, civil penalties, and judicial 

actions. Corrective Action Orders can be very costly to an operator—they can last 

weeks and even years, and often compel the operator to make system-wide investments that improve safety. PHMSA also actively supports Department of Justice 

and Environmental Protection Agency investigations, which also may involve significant sanctions and penalties. 

For hazardous materials violations, the GROW AMERICA Act would increase the 

maximum civil penalty amount from $75,000 to $250,000; or for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property, from $175,000 to $500,000. (Section 6011). It also would give 

PHMSA additional tools to stop unsafe conditions or practices that may cause an 

emergency situation involving a threat to life, personal injury, or harm to property 

or the environment. 

If confirmed, I will assess our enforcement capabilities and determine how 

PHMSA can use them more effectively. 

Question 2. Ms. Dominguez, PHMSA has continued to refuse to provide my staff 

with unredacted copies of the pipeline oil spill response plans that ExxonMobil had 

submitted for its pipeline in Arkansas that ruptured as well as for Plains Pipeline’s 

Line 901 that recently spilled oil in Santa Barbara. In fact, a more complete version 

of Plains’ spill response plan was even provided to news agencies by state regulators 

while PHMSA continued to withhold it from Congress. 

It is imperative that Congress has the ability to review these documents so that 

we can conduct proper oversight of these programs. In withholding these spill response plans, PHMSA has cited exemptions under the Freedom of Information Act, 

which do not apply to Congress. Will you commit to providing my staff with 

unredacted or more complete versions of the oil spill response plans for 

ExxonMobil’s Arkansas spill and the recent Plains Pipeline Santa Barbara spill? 

Answer. I am committed to ensuring PHMSA’s transparency and communication 

with all our partners and stakeholders, and with Congress in particular. My understanding is that, consistent with U.S. Department of Transportation policy, PHMSA 

will provide certain unredacted documents upon a request of the chair of a congressional committee or subcommittee with jurisdiction over that issue. I will continue 

to work with the Department to ensure that PHMSA provides information to our 

partners in Congress. 

41 

Question 3. Ms. Dominguez, aging, leaking natural gas distribution pipelines cost 

consumers billions of dollars, contribute to global warming and pose a threat to public health and the environment. In fact, according to a report issued by my staff, 

over the last decade, consumers have paid roughly $20 billion over the last decade 

for gas that they may have never received. The Administration’s Quadrennial Energy Review called for addressing our Nation’s old, leaking natural gas pipeline infrastructure. Do you agree that this is an issue that we should seek to address? 

Answer. Safety is PHMSA’s top priority. Our mission is to protect people and the 

environment from the risks of hazardous materials transportation. We achieve our 

mission by ensuring infrastructure is built and operated safely. We also collaborate 

with our Federal partners on initiatives in the energy sector, such as the Quadrennial Energy Review, to further promote safety. If confirmed, I look forward to working with you and with our State partners to continue to address aging infrastructure and prevent pipeline failures. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOE MANCHIN TO

MARIE THERESE DOMINGUEZ

Question 1. I am interested in the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) role in the construction of small-scale liquefied natural gas 

(LNG) facilities which play an increasingly important role in creating a fueling network to meet growing market demands. I understand that operators of these facilities have asked PHMSA to update their regulations governing small liquefaction 

plants to reflect technological advances that improve safety, but I still hear reports 

of a one-size-fits-all regulatory regime that does not accurately address the dramatic 

changes we have seen in this industry over the past few years. 

Do you believe the current standards for small-scale LNG facilities are up-to-date 

and risk-based, and, if not, what would you do if confirmed to address this issue? 

Answer. I believe that PHMSA’s regulations must keep pace with innovation, and 

ensuring that the agency is predictive and innovative will be a top priority for me. 

PHMSA’s current regulations provide for the safe design and operation of both 

small-scale and larger facilities and apply to all LNG facilities that fall within 

PHMSA’s jurisdiction. PHMSA is working to update outdated codes and standards 

in current regulations and to make revisions to provide certainty for the safe design, 

construction and operation of LNG facilities. 

Question 2. Can you describe how PHMSA interacts with state governments when 

they share enforcement authority over critical projects and facilities? 

Answer. A key element of pipeline safety is the partnership we enjoy with our 

state partners. As Federal regulators, we set the minimum safety standards for all 

pipelines. In turn, we depend on state public utility commissions, which we support 

through grants, certification and training, to inspect and enforce these regulations 

for about 80 percent of the pipeline mileage in the U.S. Although PHMSA has granted some states the authority to inspect interstate pipelines, PHMSA has sole authority to enforce its regulations against interstate pipeline operators. States are 

often responsible both for inspections and for enforcing minimum Federal safety 

standards for intrastate pipelines. We greatly respect the role of the states in 

achieving safety, but we also must ensure that each state is enforcing Federal regulations. Congress has authorized PHMSA to set safety standards for the Nation’s 

entire pipeline system. 

Question 3. Could PHMSA responsibly reduce overhead expenditures and the 

overall cost to taxpayer by better leveraging existing partnerships with state agencies? 

Answer. As Administrator, I will assess PHMSA to ensure we are structured for 

success and are using the resources granted to us by Congress wisely and efficiently. 

In addition, I will work to strengthen our relationships with all our stakeholders, 

including our state partners, to enhance safety. 

Question 4. West Virginia is at the center of natural gas development in the 

United States, and the single most common refrain I hear from the industry is the 

need for clear, straightforward safety regulations. If confirmed, one of your first orders of business will be to update and expand the ‘‘integrity management’’ rules that 

help ensure finite resources are focused in the places near communities and critical 

habitat that would be most impacted by a pipeline failure. I think transparency and 

cost-benefit analyses are easy ways to regain peoples’ trust and give the industry 

the stability they need to make investments. 

42 

How do you plan on moving forward with the new ‘‘integrity management’’ rules, 

and when will the public be able to see this data? 

Answer. PHMSA’s Report to Congress evaluating expanding pipeline integrity 

management beyond ‘‘High Consequence Areas’’ is currently under review, and I 

will continue to work with the Department and OMB to complete it by the end of 

this calendar year. We’re working to improve integrity management with two of 

PHMSA’s highest rulemaking priorities, the notices of proposed rulemaking titled 

‘‘Safety of Gas Transmission Pipelines’’ and ‘‘Safety of Hazardous Liquid Pipelines,’’ 

which will be published by the end of the year as well. 

Question 5. Will you include a cost-benefit analysis in the updated rules to ensure 

that this is a wise investment that improves safety? 

Answer. Yes, as with all rules proposed by PHMSA, those on gas transmission 

and hazardous liquid pipelines will include an analysis of the costs and the benefits. 

The rulemaking process is methodical, inclusive and transparent. It enables PHMSA 

to fully consider stakeholder input and to ensure that new regulations stand up to 

cost-benefit scrutiny. I believe this process results in meaningful, implementable 

rules. As PHMSA Administrator, I will work within the Department, with OMB and 

with stakeholders to complete rulemakings that improve safety in a manner that 

accounts for the costs and the benefits. 

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