WASHINGTON - Promises and platitudes won’t be enough when it comes making America’s railroads safer for the communities they pass through.

That appears to be the theme as the U.S. Senate Committee on Commerce, Science, & Transportation hears testimony on improving rail safety in response to the February 3 Norfolk Southern derailment in East Palestine.

The Committee will convene Wednesday morning in Washington to address Norfolk Southern’s safety record and how the derailment and the controlled burn of vinyl chloride impacted East Palestine.

Lawmakers, Norfolk Southern CEO Alan Shaw, and other witnesses will also talk about ways to improve the safety of the nation’s rail network, hazardous materials transportation safety and emergency response, including proposed legislation.

Opening remarks are scheduled from U.S. Senators Sherrod Brown (D-OH) and J.D. Vance (R-OH) who will testify on the need to improve rail safety.

The Senators will lobby for passage of their bipartisan Railway Safety Act of 2023 which Brown says will is needed to stand up to rail company lobbyists and prevent future train disasters.

In written testimony submitted beforehand, Senator Vance said the committee needs to make sure that another situation like that in East Palestine does not’t happen again.

“Both Europe and Japan move more trains over more miles of track than the United States.  They have many fewer derailments.  They seem to be able to have a freight rail system with much less risk,” said Vance.  “Their example demonstrates that we can safely remove some of the risk from the rail system through reasonable government action without endangering commerce. 

Noting that overheated wheel bearings on rail cars were responsible for causing the fire and eventual derailment in East Palestine, Vance said a federal regulation is needed requiring the installation of sensors for overheating parts on railway lines. 

Referencing Norfolk Southern’s March 6th announcement that it was installing additional sensors on its rails, Vance says the Senate should not be satisfied with a voluntary standard outlined with what he described as “blurry legalisms.”

“Phrases from their announcement, “develop a plan,” “anticipates adding,” and “where practical” are not enough, not when towns across America are at stake,” said Vance in his written testimony. “Hot bearing detectors must be added to the network, and they must be added in sufficient frequency to detect failing equipment.”

While the East Palestine derailment occurred on a stretch of track where detectors were twenty miles apart, proposed legislation would require detectors every ten miles. 

Vance also wants scrutiny of voluntary standards used to determine at what temperature wheel bearings must reach before trains are required to stop.

“Outside of East Palestine, the train registered a reading of 103 degrees Fahrenheit above ambient temperature.  This did not lead to the train stopping,” according to Senator Vance who called current standards too lax.  “We need to figure out at what sensor reading these trains need to stop.”

Vance also said it is absurd that there are no notification requirements for trains carrying hundreds of thousands of pounds of flammable gases under pressure. 

Senator Vance is also calling for better ways of notifying first responders what is on board rail cars involved in derailments.

Although the rail industry claims the AskRail app tells first responders everything they need to know when they are called to a derailment, Vance says that many trains run through rural areas, where internet connectivity is limited.  The Senator says there needs to be a mandatory requirement for advanced notification when a train carrying hazardous materials will pass through their communities.

“Before the transportation of millions of pounds of flammable gas, the railroad should have to have a plan in place if there is a release, just like for oil transportation,” said Vance.

Vance will also devote some of his testimony calling for more thorough inspection of trains that may be able to detect problems like the faulty Norfolk Southern wheel bearings before they cause a fire and derailment.

“This committee should not be subjected to the absurdity that reducing inspection time to a hurried glance would have no effect on safety,” writes Vance. “Airlines welcome a careful pilot-driven inspection regime.  If railroads are serious about safety, they will as well, especially for hazardous materials.”

The bill being championed by Senators Brown and Vance would increase civil penalties for violations and requires two-man crews on trains.

Another elected official, Ohio Governor Mike DeWine, plans to offer virtual testimony from East Palestine, calling on Norfolk Southern CEO Alan Shaw to support legislative efforts to improve rail safety.

"It is our expectation that you will champion all good faith efforts to improve rail safety, and we are calling on you today to work with legislators to ensure the best possible policy outcomes in these proposals,” DeWine said in a letter to Shaw, who is also scheduled to testify.

In a statement issued by Norfolk Southern prior to the hearing, Shaw pledged support for some of the legislative efforts to enhance the safety of the freight rail industry, including phasing out older tank cars and researching next-generation warning sensors.

Shaw says he also supports regular reviews of regulations on rail car inspections and freight car safety standards, as well as industry-funded training for first responders.

When it comes to making sure first responders have accurate, real-time information about the contents of trains, Shaw says Norfolk Southern will take the lead in getting the AskRail safety app into the hands of every first responder needing access.

Shaw also says Norfolk Southern wants to play a part in crafting policy that improves performance standards, maintenance standards, and alert thresholds for safety sensors.

Just how far will Shaw go in supporting legislative efforts to improve rail safety?

Without specifically stating that he supports all of the legislative proposals currently on the table, the railroad CEO issued the following items that Shaw says he will support:

  • Adopting even stricter standards for tank car design.
  • Researching additional onboard railcar defect detection technology.
  • Increasing fines and penalties for persons found tampering with railroad facilities and safety equipment, such as grade crossing warning devices, wayside detectors, or signal boxes.
  • Codifying and enhancing the FRA’s confidential close car reporting system.
  • New requirements to ensure utility installations in railroads rights-of-way are safe.

Shaw also plans to address Norfolk Southern’s “Precision Scheduled Railroad” policy, which critics have said focuses on corporate profits resulting in longer trains, and fewer employees on board.

The CEO says Norfolk Southern has approached things differently from others in the industry and charted what he calls a “new course.”

 “We deliberately moved away from a singular focus on operating ratio. Instead, we are taking a more balanced approach to service, productivity, and growth,” Shaw said in written testimony. “We have deliberately moved away from a singular focus on operating ratio.”

Also scheduled to address the Committee is Misti Allison, an East Palestine resident and a member of environmental group “Mom’s Clean Air Force.”

Allison is expected to tell the Senators how chemicals from the derailment and controlled burn have taken her community’s physical and mental health, further criticizing the expansion of the petrochemical industry, and how it can increase the amount of toxic chemicals traveling through communities.

Other scheduled witnesses include Jennifer Homendy, Chair, National Transportation Safety Board; David Comstock, Chief, Ohio Western Reserve Joint Fire District; and Clyde Whitaker, Legislative Director, Ohio State SMART-TD

Testimony is scheduled to begin at 10:45 am, Wednesday, March 22, 2023.

WATCH LIVE STREAM:  www.commerce.senate.gov and on Twitter @CommerceDems