Transportation Secretary Pete Buttigieg partially blamed the recent derailment of a train carrying toxic chemicals on the Trump administration reversing a safety rule.
The Trump administration rule change Buttigieg partially blamed came after Congress passed and former President Barack Obama signed the Fixing America's Surface Transportation Act in December 2015.
The legislation established a new process, including independent study and testing, for the DOT to use in developing an updated regulatory impact analysis related to the ECP brake provision, according to the Government Publishing Office. The DOT stated in 2018 that the ECP brake requirements weren't expected to be cost beneficial under any scenario assessed.
"On the rule, in 2015, Republicans in the House and Senate required a cost-benefit analysis that allowed for the Trump administration to repeal the rule in 2017 and now makes it challenging to reinstate the rule in its previous configuration — due to threats of litigation and opposition in Congress," the statement continued.
"After the 2015 rule was issued, the rule including the RIA was challenged in 5 different Federal Circuits, and Congress quickly moved to vitiate the rule, making it more difficult under the Administrative Procedure Act to revisit the basis for advancing a rule. However, pending the results of the investigation into the derailment, FRA and PHMSA will evaluate action to prevent this from happening again.
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