Ohio Governor Mike DeWine and Lt. Governor Jon Husted today issued a letter to Norfolk Southern Corporation President and CEO Alan Shaw in advance of his expected testimony tomorrow before the Senate Commerce, Science, and Transportation Committee.

The letter, in part, reads:

“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.”

“We also expect you will deliver for the people of East Palestine by fully supporting these legislative efforts until they are enacted.”

The letter points to various proposals brought forward by the Ohio Legislature and Congressional Representatives, including two bipartisan bills in Congress – the Rails Safety Act of 2023 (S. 576) and the RAIL Act (H.R. 844).

State lawmakers in Ohio have suggested there be a requirement for two-person crews on all freight trains and light engines, as well as wayside detection systems placed no more than 15 miles apart. The preliminary report from the National Transportation Safety Board (NTSB) indicates that an overheated bearing contributed to the derailment in East Palestine, suggesting that more regular placement of hot boxes could have prevented the tragedy.

The full letter follows:

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March 21, 2023

Alan Shaw

President and CEO

Norfolk Southern Corporation

650 W. Peachtree Street, NE

Atlanta, Georgia 30308

Dear Alan,

As you know, following the Norfolk Southern train derailment on February 3, 2023, we asked for your commitment to maintaining your presence in East Palestine until the cleanup was complete and appreciate your promise to do so. This tragedy upended the lives of many in Eastern Ohio, and we expect that you will leave this community better than it was before the accident.

The people of East Palestine are also owed a commitment that everything possible is being done to prevent similar derailments in the future and that their community and other communities across the nation will not again be the victims of a similar accident. This will require a significant investment to improve rail safety around the country.

Lawmakers, specifically our Ohio Statehouse and Congressional representatives, have rolled out proposals to quickly advance this conversation, including two bipartisan bills in Congress – the Rails Safety Act of 2023 (S. 576) and the RAIL Act (H.R. 844). State lawmakers in Ohio have also suggested there be a requirement for two-person crews on all freight trains and light engines, as well as wayside detection systems placed no more than 15 miles apart. The preliminary report from the National Transportation Safety Board (NTSB) indicates that an overheated bearing contributed to the derailment in East Palestine, suggesting that more regular placement of hot boxes could have prevented the tragedy.

While we appreciate you stating your support for increased rail safety during your March 9, 2023, testimony before the Senate Environment and Public Works Committee and during your March 22, 2023, testimony before the Senate Commerce, Science and Transportation Committee, you fell short of fully endorsing these legislative initiatives.

Going into your expected testimony before the Senate Commerce, Science, and Transportation Committee tomorrow, 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. We also expect you will deliver for the people of East Palestine by fully supporting these legislative efforts until they are enacted.

We look forward to your continued partnership in restoring the community of East Palestine in a manner that both ensures the safety of the region and also gives them confidence in that safety.