Improve rail safety
Biden administration rule is no substitute for congressional action
The environmental disaster caused by a train derailment in East Palestine, Ohio, last year should have spurred federal lawmakers to take seriously the need to improve rail safety. But a measure passed by the Senate languishes in a House that struggles to accomplish anything of consequence.
A Biden administration rule approved this month will require two-person crews on freight trains. That’s a good start, but it’s a poor substitute for comprehensive action by Congress that would ensure that railways continue to safely serve as arteries for American commerce.
Last January, a Norfolk Southern train derailed when a wheel bearing overheated to a dangerous degree and crew members were unable to stop the 1.75-mile-long train before 28 cars derailed. Eleven carried toxic chemicals that spilled into area waterways. A controversial decision to release and burn some of the remaining chemicals sent dangerous smoke into the area and hundreds of nearby residents were temporarily displaced.
The East Palestine disaster was one of nearly 300 derailments and other accidents on freight lines between Jan. 1 and Nov. 30 last year. Investigators cite numerous factors that could have prevented these
accidents, from having more crew operating trains increasingly dependent on automation to installing additional sensors to identify problems such as overheating.
In the aftermath, Ohio’s senators — Democrat Sherrod Brown and Republican J.D. Vance — collaborated on legislation that would increase rail inspections, strengthen rules for handling hazardous chemicals and require the installation of more sensors. It passed the chamber in May.
In the House, however, this sensible legislation hit a roadblock. The lower chamber has done precious little work since it convened in January 2023, and even bills such as this — which would improve the safety of a critical transportation network and, in doing so, protect American commerce — fail to move to the floor.
As the nation waits for the House to do something — anything — states such as Virginia have moved to intercede. State lawmakers this year approved legislation that would require freight trains to have crews of at least two people. The bill intended to address the need for additional personnel on trains, particularly in the event of an emergency.
It was overwhelmingly supported by rail workers, who expressed concern that large rail operators allowed a pursuit of profits to trump the need for basic safety measures. The original legislation would have also levied fines on companies whose trains cause excessive delays for motorists — a problem frequently seen in Norfolk and other Hampton Roads cities — but it was pared back in order to win passage.
Gov. Glenn Youngkin, however, didn’t agree with lawmakers’ proposed solution. He vetoed the bill, writing in an accompanying statement that, “the proposed methods appear premature and lack the necessary nuance required for effective regulation. A comprehensive strategy is best achieved through the established framework of the federal government’s ongoing rulemaking process.”
That proved to be the prudent decision since the Biden administration was finalizing a rule to require two-man train crews, which it issued on April 2. The bill’s sponsors, who argued in favor of two-man crews, and the governor, who acted in deference to federal authority, were both justified, a rare feat.
But none of that excuses inaction in Congress. Freight rail traffic is essential to the American economy, driving billions in commerce and generating more than 167,000 jobs, according to the Federal Railroad Administration. The importance of railways operating safely and smartly cannot be overstated, and it’s critical in places such as Hampton Roads, where operations at the Port of Virginia depend on them.
Communities such as East Palestine, where residents are still struggling with the effects of last year’s derailment, shouldn’t be sacrificed to pad the bank accounts of railway company shareholders. Improving the safety of American rail traffic needs to be a priority in Washington. The House must follow the Senate’s lead and pass this legislation — before the next disaster occurs.