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Committee approves amendment protecting state rail‑safety inspection records in NTSB investigations

March 20, 2025 | State and Local Government, Senate, Legislative, North Dakota


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Committee approves amendment protecting state rail‑safety inspection records in NTSB investigations
The State and Local Government Committee voted to give House Bill 1110 a do‑pass recommendation as amended, adding an explicit exemption to protect certain rail‑safety inspection records when participating in National Transportation Safety Board investigations.

Conrad Crockford, compliance division director for the Public Service Commission, told the committee the commission’s rail safety inspectors document defects and vulnerabilities — including precise location data and hazardous‑material shipping manifests — and sometimes are the first inspectors at derailment sites. “This exemption would only protect records and information related to our rail safety program and does not exempt any records related to the PSC’s additional regulatory oversight of railroads,” Crockford said during his testimony.

Nut graf: The amendment narrows the bill to protect inspection records created by state rail safety inspectors who operate under an agreement with the Federal Railroad Administration’s state safety participation program, while leaving other commission records subject to regular disclosure. Supporters said the change aligns state practice with federal investigatory procedures and preserves participation in multi‑party NTSB investigations.

Committee discussion and votes

The committee adopted an amendment offered by Senator Lee and seconded by Senator Wallen to insert the phrase “and federal railroad administration state safety participation program” after the word “board.” The clerk recorded the amendment vote as 5‑0‑1. Senator Barta then moved the bill, as amended, for a do‑pass recommendation; Senator Wallen seconded. The clerk’s roll call on the final motion recorded Chair Rohrs, Vice Chair Castaneda, Senator Barta, Senator Lee and Senator Wallen voting “Aye.” The committee recorded the final tally as yes 5, absent 1; the motion carried and the committee gave HB 1110 a do‑pass as amended.

What the amendment does and limits

According to Crockford, the bill as originally drafted would have provided an exception for NTSB investigations but did not clearly protect inspection records generated through the state rail safety program. The commission’s proposed language clarifies that only records and information produced by rail safety inspectors working under the FRA state safety participation program are exempted; the amendment does not create a blanket exemption for all Public Service Commission files.

Crockford said the commission routinely shares final accident reports and annual program data with stakeholders, but wants to protect preliminary inspection records that include mile markers or latitude/longitude coordinates and manifests tied to hazardous materials shipments until federal investigators release those materials.

Ending: The committee’s action sends HB 1110, with the new protection for FRA‑participation inspection records, forward in the legislative process. Crockford said the commission will provide additional information to committee staff if questions arise later in the process.

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Scribe from Workplace AI
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