Most cities and towns in America have a rail crossing, and those rail crossings make rail safety and crossing improvements a top issue for communities of every size.
Rail Policy Happens at the Federal Level
Because rail policy is determined at the federal level primarily, most long-standing local safety issues and the future investments for rail must be elevated to Congress or to federal agencies like the Federal Railroad Administration (FRA), the Environmental Protection Agency (EPA) or even the National Transportation Safety Board. Additionally, when two railroads, like Union Pacific and Norfolk Southern, want to merge, that application goes to the Surface Transportation Board (STB) where specific national economic and environmental considerations are considered before approval.
Rail Moves to Watch in 2026
While rail decisions are felt locally, most of the decisions are made at the national level. NLC plays an active role in rail policy and encourages cities of all sizes to join us to stay aware of how and when to engage on rail issues. Here is what we are expecting this year for rail:
1. STB Will Consider the Union Pacific and Norfolk Southern Merger, Which Impacts 43 States Over 50,000 Miles of Track
In December, Union Pacific (UP) submitted a substantial first application which was rejected in January by STB for being incomplete, and they are actively compiling a new, more expansive report. Both pro-merger and anti-merger sides are requesting cities and towns support their views, but most communities want to:
- See the final rail merger application to judge it on its merits once it’s available from STB.
- Request full information on their city’s rail crossing impacts and review that information (i.e. will traffic increase on their rail line and how will that impact blocked crossings).
- Hear directly from the railroads and others at upcoming educational sessions hosted by NLC and others.
In many ways, this merger is charting a new path as it is the largest merger requested since the railroads were broken up and also the first test of the new STB “Major Rail Consolidation Procedures,” which emphasize enhancement of competition and public interest. The most important decision cities should make soon is if they wish to file “Notices of Intent to Participate” in the STB’s process, which does not require a position for or against the merger, but it will keep your community informed with the option to participate. STB FAQs are available to review (PDF).
To simplify, here are the steps:
- Go to the STB website and navigate to “Efilings” and then “Formal Filings”.
- On the Formal Filings webpage, check “Yes, I have complied with the Board’s service requirement.”
- Email a copy of your Notice of Intent to Participate form (PDF) to the service list.
- Enter the Docket number for the UP-NS proposed merger: FD 36873.
- For the filing fee description, select “No Fee Required.”
- For party information, type your information, using your business address. Your attorney can submit the filing on your behalf, but the person who submits the party information will be added to the service list which sends email from eservice@stb.gov often.
- Drop your Notice of Intent to Participate form in the attachment box and check “Public” so it will be made public as they do not include any Confidential information.
- Check the box that you understand information in the filing will be available from the Board’s website.
- Click “Submit Formal Filing.” You will receive a confirmation email from the STB.
- If you have trouble, call the Office of Section Case Administration at 202-245-0350.
2. Congress Could Pass the Rail Safety Act or Rail Safety Provisions within the Surface Transportation Bill Due by Sept. 30, 2026
Three years have passed since the tragic Norfolk Southern train derailment in East Palestine, Ohio. This week, city leaders gathered with members of Congress and rail workers at a bipartisan press conference on Capitol Hill to continue to advocate for passage of the Railway Safety Act and common sense rail safety reform.
“As elected officials, all we’re asking is for the railroads to be good neighbors in our cities all across the country by communicating and working with us. We also ask Congress to ensure that federal rail decisions made in Washington take into account what we experience at home,” said Mayor Matt Pacifico of Altoona, Pa.
“Rail is a critical part of the economic transportation network, and we should all work together to address safety recommendations. Significant safety mechanisms and regulations for rail should stay current and should be reflected in Congress’ agenda,” said Mayor Michael A. Lombardo of Pittston, Pa.
The National Transportation Safety Board’s team of rail experts have made their recommendations on the East Palestine derailment, and Congress could pass legislation that is needed in response to this derailment and others to make rail safer in America soon. Or, they could bundle it with the upcoming surface transportation bill coming in the House and Senate this year before the current programs expire in September 2026. City leaders can send a letter directly to your Members of Congress about rail safety.
3. Rail Could Lose the Benefit of a Consistent Multi-Year Funding Mechanism through Advance Appropriations
Major railroad construction projects, along with many other infrastructure types, were funded in the last infrastructure bill through an advance appropriations commitment to provide rail projects multi-year certainty rather than rely on year-to-year uncertainty in the annual appropriations budget fights (which are too often resulting in government shutdowns and lapsed funding.)
Through the consistent funding of advance appropriations, businesses, states, Amtrak and local governments have been able to plan ahead, assemble matching funds and complete projects without unnecessary delay. This predictability is efficient and lowers long-term costs, but appropriators want to ensure their authority is respected. NLC is tracking if a mechanism to create certainty for rail can be negotiated — perhaps it’s advance appropriations or another method like the Highway Trust Fund for highways and transit. The advance appropriations must be renewed or expire on Sept. 30.
Join NLC’s Rail Roundtable
Rail safety is not a small issue — it impacts millions of American lives. City leaders who care about rail issues continue to join NLC’s Rail Roundtable held twice a year at our March and November conferences. We look forward to welcoming more cities to the table at the Congressional City Conference, March 16-18, 2026.
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