How Not To Write a Regulation

February 21, 2023

Originally published at

The recent train derailment in Ohio has focused attention not only on railroads, but on their federal regulator. The Federal Railroad Administration (FRA) has an important mission—“to enable the safe, reliable, and efficient movement of people and goods for a strong America, now and in the future.” Nothing is ever completely safe, of course, but FRA commits to “empower employees to focus time and resources on data-driven, cost-effective solutions that promote FRA mission accomplishment.” Unfortunately, its recent rulemaking on crew size is neither data-driven nor evidence-based, and it is unlikely to support FRA’s mission ...

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