On November 6, the U.S. Senate Committee on Commerce, Science, and Transportation convened to review nominations for seats on the National Transportation Safety Board (NTSB) and the Surface Transportation Board (STB). In light of the ongoing government shutdown, removals from the NTSB and STB, recent plane crash in Louisville, and proposed Union Pacific (UP)-Norfolk Southern (NS) merger, the mood of the hearing was, in a word: tense.  

Nominee List 

• John Deleeuw, for the membership on the National Transportation Safety Board 
• Richard Kloster, for membership on the Surface Transportation Board 
• Michelle Schultz, for second term on the Surface Transportation Board 

Shutdown Frustrations 

Chairman Ted Cruz (R-TX) opened the hearing with frustration over the ongoing government shutdown and its impact on air traffic controllers and flight operations. He took aim at Democrats, whom he deemed as holding the government and air traffic controllers “hostage.” The chairman noted that air traffic controllers work long hours, and workforce shortages have plagued the system for some time. With the ongoing shutdown, controllers are working to ensure safe operations within the National Airspace (NAS) without pay, and many are starting to call out of work. The FAA recently announced a reduction in flights at 40 airports beginning on Friday November 7, as a way to relieve the pressure on air traffic controllers.  

Senator Ben Ray Lujan (D-NM) responded to Senator Cruz with a salvo of his own, pointing out that Republicans have a majority in the Senate, House and control of the White House. Within the first five minutes of the hearing, the frustration in the room was palpable. 

Agency Independence 

For Committee Democrats, the issue of the day was preservation of NTSB and STB agency independence. The NTSB traces its history back to the 1920s but was formally established as an independent agency within USDOT in 1967. Following the Independent Safety Board Act of 1974, the NTSB became an independent agency, separate from USDOT. In his opening remarks, Senator Lujan voiced concern with political influence over an independent NTSB, hindering its work to promote transportation safety. This was in reference to President Trump’s removal of NTSB vice chair Alvin Brown in May 2025. Brown was appointed by former President Biden and joined the NTSB in March 2024, set to serve a two-year term. Lujan called into question the legitimacy of Trump’s removal of Brown, a Biden-appointed NTSB member.  

Federal law (49 U.S.C. §1111(c)) gives the President the power to “remove a [NTSB] member for inefficiency, neglect of duty, or malfeasance in office.” But President Trump made no such allegations when removing Brown, so for Lujan, it did not make sense to push an NTSB nomination without any vacancy on the agency’s board, and that doing so challenges the NTSB’s independence. Lujan assured Deleeuw that his opposition to the nomination had nothing to do with Deleeuw’s qualifications, which the senator noted were impressive and valuable. But in the event that Brown’s recently opened lawsuit against the administration leads to Deleeuw having to step aside from the nomination, Lujan wanted confirmation that he would do so. Deleeuw responded saying that he would work with legal counsel in such an event.  

Democrats pressed the nominees on concerns over STB independence as well. Like the NTSB, the STB was established as an agency within USDOT and then later re-established as an independent agency separate from USDOT (following the STB Reauthorization Act of 2015). Senators pointed to two recent developments as examples of the agency falling under the shadow of political influence. In August 2025, President Trump fired STB board member Robert Primus, who was appointed to by President Trump in 2020. Primus responded by filing a lawsuit against the administration. Senator Baldwin pressed the nominees on the Primus issue, but Schultz did not wish to provide comment regarding ongoing litigation.  

The other issue brought up was regarding an email sent by STB Chairman Patrick Fuchs, blaming Democrats for the shutdown. Senator Lujan suggested that this was in clear violation of the Hatch Act, which restricts federal employees from engaging in partisan political activity. Schultz confirmed receipt of the email, but did not provide more comment on the matter, other than committing to upholding the law in an impartial way. 

The Administration has produced no allegation of “inefficiency, neglect of duty, or malfeasance in office” in either the Brown or Primus cases. In the case of the NTSB, the President’s removal of Brown as vice chair is indicative of the administration’s desire to remove Biden-era appointed officials with officials of their choosing. (Ed. Note: It may also have something to do with the fact that, prior to joining the NTSB, Brown was the Democratic mayor of Jacksonville, Florida, and White House chief of staff Susie Wiles is a longtime Jacksonville Republican power broker.)

For the STB, the timing of Primus’ removal is interesting. Primus was fired in August of 2025, following the UP-NS merger announcement in July of 2025. Why is this notable? When STB approved Canadian Pacific’s acquisition of Kansas City Southern (forming CPKC) in 2023, there was one vote against the merger: Robert Primus. Removing Primus is an opportunity for the administration to appoint a merger-friendly vote on the board.  

Aviation Safety 

Aviation safety was a pressing concern for Deleeuw and Senate Republicans present during the hearing. Aviation safety has been a top concern for Congress, the aviation industry, and the public, especially following the DCA crash earlier this year, resulting in 67 deaths. Concerns were re-ignited following another deadly crash in Kentucky. On Tuesday November 4, a UPS cargo plane crashed during takeoff in Louisville, killing 13 people. Senator Tim Sheehy (R-MT) asked Deleeuw to speak to any aviation concerns he might have, given the occurrence of accidents (like the ones in Louisville or Washington DC) in a supposedly safe aviation space. Deleeuw assured the Committee that the NAS is safe, and formalized risk assessments and strategies to mitigate risk are in place to ensure that the NAS is kept safe.  

Chairman Cruz leaned into a specific risk mitigation strategy during his line of questioning. Earlier this year, Cruz introduced a bill that would require newly manufactured aircraft to be fitted with ADS-B In technology. The Commerce Committee approved a modified version of this bill last month. ADS-B In technology provides aircraft with weather and traffic position information directly to the cockpit. The advantage of ADS-B In is that it allows an aircraft to know the location of other aircraft, providing the pilot with a full view of airspace conditions.  Alongside the air traffic controller relaying information about airspace conditions, the use of ADS-B In adds redundancy to the system, assists the air traffic controller, and strengthens awareness in the air, lowering the risk of an accident.  Deleeuw voiced his support for using ADS-B In technology, noting that it reduces controller workload, prevents crashes, and saves lives.  

Rail Mergers 

In July 2025, Union Pacific and Norfolk Southern announced plans to create the country’s first true transcontinental railroad. More accurately, Union Pacific will acquire Norfolk Southern in a $85 billion dollar transaction. Committee Republicans and Democrats expressed concerns about the impacts of the “merger,” citing decreased competition in the rail market and rising costs for shippers. Responding to Sen. Sheehy, Schultz committed to reviewing the relevant records, comments, and applicable laws relating to the case. Kloster echoed Schultz’s commitment, adding a commitment to conducting the work surrounding the case in an objective and impartial manner. Responding to Senator Tammy Baldwin (D-WI), both Schultz and Kloster affirmed their commitment to follow the STB’s 2001 rules on major rail consolidations.  

These rules emerged following major railroad consolidations in the 1990s: the Union Pacific-Southern Pacific merger, the Burlington Northern and Santa Fe merger (creating BNSF), and the acquisition of Conrail assets by both NS and CSX. The outcome was a freight rail landscape dominated by eight companies, and the STB stepped in to establish strict rules for future merger applications. The 2001 rules state that future merger applicants should “bear a heavier burden to show that a major rail combination is consistent with the public interest.” With fewer Class I rail companies competing in the rail market, there is less incentive for Class I railroads to have competitive rates for shippers and rail customers. This can lead to higher costs for shippers and customers. For the STB, the 2001 rules signaled a public policy where it was less interested in major rail mergers, while being sensitive to public interest (with the exception of the STB’s approval of the CPKC merger in 2023).