​​Opening remarks as prepared for delivery

Good morning. We are now in session. 

I’m Jennifer Homendy. It is my privilege to serve as Chair of the National Transportation Safety Board and this Board of Inquiry. 

I am joined by my NTSB colleagues: Vice Chair Bruce Landsberg, Member Michael Graham, and Member Tom Chapman.

Over the course of this Hearing, we will consider testimony related to the Norfolk Southern Railway train derailment with subsequent hazardous material release and fires that occurred here, in East Palestine, Ohio, on February 3rd of this year. Investigator-in-Charge Ruben Payan will provide a detailed presentation of the derailment shortly.

Before we go any further, I want to recognize the significant impact this derailment has had on the people of East Palestine, Darlington, and surrounding areas.

We heard directly from many of you at last night’s Community Meeting; thank you to those who shared their story with us.

Since the derailment, the nation has heard about the health effects you’ve suffered…the pets who've died…the damage sustained to your schools, businesses, places of worship…your homes.

On behalf of the NTSB, we are so sorry for what you’ve endured. Our hearts are with you.

The information learned during this Hearing will help us determine what went wrong on February 3rd. 

We will then make safety recommendations to prevent similar derailments from ever happening again. 

And we will advocate for our recommendations for as long as it takes. 

I mean it. The NTSB fought for 50 years for positive train control.

We’ll never stop fighting for rail safety until there are zero derailments in U.S. communities…until there are zero hazmat releases from transportation disasters…until the day when no one else experiences what this community has. That is our mission. 

This Hearing is an opportunity for the public to see part of the NTSB investigative process. Normally, such proceedings would take place at our headquarters in Washington, D.C. Instead, we’re holding a rare “field” Hearing here in East Palestine. 

We made that decision for one simple reason: the people most affected by this derailment deserve as much insight into our investigation as possible.

Community members deserve to see not just how we’re investigating the derailment, but who is doing that work: the real public servants dedicated to finding its cause and advocating for change based on the lessons learned.

They deserve to hear what we’re learning about the derailment in real time.

And they deserve accountability. 

That’s another reason we’re here: so members of the public can hold the NTSB accountable for conducting a fair, thorough, and independent investigation.

Just before coming here, I received a letter in the mail from an East Palestine resident. She wrote: “Rail can be safer. It MUST be safer for ALL of America!” 

We couldn’t agree more, which is why the NTSB takes accountability so seriously.

It is our job to hold everyone accountable for safety: 

• ​Local, state, and Federal agencies that regulate the rail industry.
• Freight rail companies, which own the trains and the tracks that carry hazmat through communities like East Palestine.
• Rail workers who maintain and operate the trains.
• Companies that produce the hazmat and the tank cars used to transport it.
• Emergency responders who arrive on-scene following a disaster.
  

We exist to hold them all accountable.

That’s why our investigation is much broader than the issues and topics we’ll be covering over the next two days, which are as follows:

• “Hazard Communications and Emergency Responder Preparedness for the Initial Emergency Response,” which we’ll turn to later this morning.
• This afternoon, we’ll hear testimony on the “Circumstances that Led to the Decision to Vent and Burn Five Vinyl Chloride Tank Cars.”
• Tomorrow morning, we’ll cover “Freight Car Bearing Failure Modes and Wayside Detection Systems;” after that…
• We’ll consider the final topic of the Hearing, which is “Rail Tank Car Safety.”
  

These topics were determined and agreed upon at a Pre-Hearing Conference hosted virtually by the NTSB on June 1, 2023.

I’d now like to introduce the NTSB staff who have a role at this Hearing. First, we have Stephanie Shaw, Hearing Officer; and Ruben Payan, Investigator-in-Charge — both of whom you’ll be hearing from shortly.

​Next, we have the chairs of our Technical Panels:

• ​Troy Lloyd, Railroad Accident Investigator, will lead Panel 1;
• Paul Stancil, Senior Hazardous Materials Accident Investigator, will lead Panels 2 and 4; and
• Joey Rhine, Railroad Accident Investigator, will lead Panel 3. 
  

Additional NTSB staff that I’d like to introduce are Rob Hall, Director of our Office of Railroad, Pipeline, and Hazardous Materials Investigations, and Mike Hiller, Deputy Director of that Office.

Ben Allen will provide legal support.

Giuli Canan and Dana Sanzo will operate the audio-visuals and timer.

Jennifer Gabris, Keith Holloway, and Eric Weiss will be handling media relations.

Erik Grosof will be handling safety and security.

And finally, Elias Kontanis and Stephanie Matonek from our Transportation Disaster Assistance Division are here to provide support to those affected by the derailment. 

I will now introduce the Parties designated to participate in this Investigative Hearing as prescribed in the NTSB rules.

The Parties to an NTSB investigation are organizations or individuals with special knowledge whose participation we deem necessary in the public interest. While they are not part of the analysis, Parties are essential in helping us develop the facts around an investigation.

The Federal Register notice of this Hearing, published on May 31, 2023, listed the Ohio State Highway Patrol as a Party to the investigation. However, they respectfully declined the role. 

As I call the name of each Party, I ask the designated spokesperson to identify themselves and introduce the others from their organization.

We will begin with the Parties from government agencies: 

• ​The Federal Railroad Administration
  
• Pipeline and Hazardous Materials Safety Administration
  
• Village of East Palestine

​Next, we have the Parties representing Labor organizations:​

• ​Brotherhood of Railroad Signalmen
  
• Brotherhood of Locomotive Engineers and Trainmen
  
• International Association of Sheet Metal, Air, Rail, and Transportation Workers
• Transportation Communications Union
  
• International Association of Fire Fighters
  

Finally, the Industry Table; let’s start with…

• ​Trinity Rail Management Leasing Services
  
• OxyVinyls
  
• Norfolk Southern
  

I thank all the Parties for their assistance and cooperation with the NTSB investigation thus far. We appreciate your valuable time and look forward to working with you as the investigation proceeds.

I’d also like to thank the many witnesses testifying at this Hearing — all of whom, it should be noted, are participating willingly. Thank you for being here in support of rail safety. 

The witnesses have been selected because of their ability to provide the best available information on the safety issues pertinent to this investigation. Witnesses will remain under oath until the conclusion of the Hearing. 

In the interest of time, we will not describe the witnesses’ credentials. Instead, we have “pre-qualified” each witness by documenting their qualifications in writing. 

You may review each witness’s biographical information in the public docket, which opened to the public this morning.

I’d now like to provide a general overview of the proceedings and appropriate conduct. You may wish to refer to the Hearing agenda for more detail. 

Each day, we will cover two of the topics I outlined earlier by way of Technical Panels; there will be one Panel before lunch and one after. We will follow a similar process for each: 

• ​Ms. Shaw will begin by introducing the members of each Panel and swearing in the witnesses. 
• Some of the witnesses will then exercise their option to make brief opening statements.
• Witnesses will then be questioned in the following order: first, by the NTSB Technical Panels; next, by the Parties; and, finally, by the Board of Inquiry.
  

Parties, please remember that only your designated spokesperson may question the witnesses. 

Due to time constraints, we will only have one round of questions. If anyone questioning the witnesses believes a second round is warranted, please raise your hand; I will determine whether it is appropriate. If granted, the second round will be limited to questions that clarify the record or address a new matter.

If a Party spokesperson objects to any question, please raise your hand, and wait to be recognized by me. 

I will make all rulings on the admissibility of exhibits, appropriateness of questions, and pertinence of proffered testimony. Mr. Allen, seated behind me, will provide legal assistance. All such rulings will be final. 

A word about conduct: this Hearing is an administrative, fact-finding proceeding with no adverse parties. It is not our purpose to assign blame or determine the legal rights or liabilities of any person or entity; such matters will be excluded from these proceedings.

If you will be questioning the witnesses, please remember that you must limit your questions to the topics listed in the agenda. Please also refrain from asking questions that call for speculation or analysis.

To our witnesses: please respond to questions by providing only the facts as you understand them. You may not speculate as to the cause of the derailment or analyze the facts. 

Before I invite the Hearing Officer to introduce the exhibits, I’d like to acknowledge the many people and organizations who’ve made this Hearing possible.

First, I extend the Board’s gratitude to following organizations for their assistance and collaboration on this event: 

• ​Federal Protective Service;
• East Palestine Police Department;
• East Palestine Fire Department;
• East Palestine School District;
• Columbiana County Sherriff’s Office; 
• Ohio State Highway Patrol; and 
• The staff of East Palestine High School and Middle School.
  

We appreciate your partnership; thank you.

I also want to thank the American Red Cross and Salvation Army for their contributions. They’ve generously provided water and snacks, which you can find in the lobby. Additionally, volunteer mental health clinicians from the Red Cross are available to provide emotional support for anyone attending. 

​Finally, I want to extend the Board’s gratitude to our colleagues across the NTSB: 

• ​Office of the Chief Financial Officer;
• Office of the Chief Information Officer;
• Office of the General Counsel; 
• Office of the Managing Director; 
• Office of Railroad, Pipeline & Hazardous Materials Investigations;
• Office of Research and Engineering; 
• Office of Safety Recommendations and Communications;
• Office of Equal Employment Opportunity, Diversity, and Inclusion;
• Office of Administrative Law Judges;
• Office of Aviation Safety; 
• The Offices of Vice Chair Landsberg and Members Graham and Chapman; as well as my team.
  

Thank you, all.

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